The Allahabad High Court rejected a bail application filed by the alleged administrator of a Whatsapp group which was used to upload jihadi videos keeping in mind the seriousness of the allegations.

Justice Pankaj Bhatia observed that, “Although, the right to practise and propagate religion is guaranteed under Article 19, however, from the nature of allegations levelled in the FIR, the second part of Section 121-A IPC cannot be said to be not made out.”

An FIR (First Information Report) was filed against the applicant, alleging their involvement in forming a WhatsApp group that disseminated what was termed as "jihadi literature." The applicant was identified as the group's administrator and was accused of uploading jihadi videos. The FIR also stated that the applicant confessed to aspiring to become a jihadi, claimed an affiliation with lashkar group and for the last 15-16 years had managed the WhatsApp group. The group reportedly had members from various countries, including India, Pakistan, Afghanistan, Malaysia, and Bangladesh.

The charges brought against the applicant included offenses under Section 121-A and 153-A of the Indian Penal Code (IPC), as well as the 66 I.T. Act.

Advocates Shivam Yadav and Aditya Yadav appeared for the Applicant.

The applicant's legal representative argued that the allegations mentioned in the FIR did not establish a prima facie case for an offense under Section 121-A of the IPC. Additionally, it was highlighted that the applicant had been in custody for a significant duration.

The Assistant Government Advocate (A.G.A.), representing the prosecution, countered by asserting that the applicant was actively promoting hatred and anti-India sentiments through the WhatsApp group. The prosecution further alleged that the group was involved in facilitating the acquisition of weapons.

The Court acknowledged that Section 121-A of the IPC pertains to conspiring to commit offenses punishable under Section 121 of the IPC. This section outlines penalties for conspiring to overawe the central or state government using criminal force. The prescribed punishments encompass imprisonment for life or imprisonment for up to ten years, in addition to a fine.

Considering the specifics of the allegations against the applicant, particularly their role as the administrator of WhatsApp groups with predominantly foreign members and their promotion of weapon acquisition based on religious biases, the Court acknowledged the constitutional right to practice and propagate religion under Article 19 of the Indian Constitution.

Accordingly, the Court rejected the applicant's bail application.

Cause Title: Inamul Haq v. State of U.P. [Neutral Citation No. - 2023:AHC:161323]

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Allahabad High CourtJustice Pankaj Bhatia

Suchita Shukla