Express News Service
LUCKNOW: The Allahabad High Court has refused to quash criminal proceedings against a man accused of posting an objectionable comment on social media site Facebook against Lord Shiva, observing that such offences which had a tendency to promote hatred between classes of people or communities should be put down with an iron fist.
Dismissing a petition filed by Asif of Aligarh district, Justice JJ Munir observed: “Offences of the kind that have a tendency to promote hatred between classes of people or communities have to be put down with a heavy hand. These offences cannot be permitted to flourish in society by adopting a soft-pedalling approach at the cost of widespread damage to the community.”
The allegation against the applicant was that he had posted objectionable comments on his Facebook account regarding Lord Shiva, by using objectionable language which had hurt religious sentiments of the Hindu community. There have been further comments fomenting communal hatred by the other co-accused in the comments section of the FB account.
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After investigation, the police had submitted a charge-sheet against the applicant on the basis of material collected. Thereafter, the Judicial Magistrate-II, Aligarh took cognizance of the offence and issued summons to the applicant on January 3, 2023. However, the applicant challenged the summons and also the resultant proceedings through the present application filed under Section 482 (inherent powers of High Court) of Criminal Procedure Code (CrPC).
During the court proceedings, the counsel for the applicant took the plea that the comments posted on the applicant’s Facebook were merely forwards by another person and that they were not the applicant’s authorship.
Rejecting the plea, the court said, “If there is a comment which has the tendency to promote enmity between different groups on the ground of religion, then posting it on one’s facebook would certainly constitute an offence. The words employed in the post clearly are ones made with deliberate and malicious intention of outraging the religious feelings of a particular section of the community or a class of citizens of the country. Even if the said comments have been endorsed by the applicant by posting them on his Facebook, it does not matter whether he is the author or the exponent of the comments.”
Dismissing the application, the court in its order dated April 6, said, “In the opinion of this court, there is absolutely no good ground to quash the proceedings in exercise of powers under Section 482 of CrPC. Hence, this application is accordingly dismissed.”
LUCKNOW: The Allahabad High Court has refused to quash criminal proceedings against a man accused of posting an objectionable comment on social media site Facebook against Lord Shiva, observing that such offences which had a tendency to promote hatred between classes of people or communities should be put down with an iron fist.
Dismissing a petition filed by Asif of Aligarh district, Justice JJ Munir observed: “Offences of the kind that have a tendency to promote hatred between classes of people or communities have to be put down with a heavy hand. These offences cannot be permitted to flourish in society by adopting a soft-pedalling approach at the cost of widespread damage to the community.”
The allegation against the applicant was that he had posted objectionable comments on his Facebook account regarding Lord Shiva, by using objectionable language which had hurt religious sentiments of the Hindu community. There have been further comments fomenting communal hatred by the other co-accused in the comments section of the FB account.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });
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After investigation, the police had submitted a charge-sheet against the applicant on the basis of material collected. Thereafter, the Judicial Magistrate-II, Aligarh took cognizance of the offence and issued summons to the applicant on January 3, 2023. However, the applicant challenged the summons and also the resultant proceedings through the present application filed under Section 482 (inherent powers of High Court) of Criminal Procedure Code (CrPC).
During the court proceedings, the counsel for the applicant took the plea that the comments posted on the applicant’s Facebook were merely forwards by another person and that they were not the applicant’s authorship.
Rejecting the plea, the court said, “If there is a comment which has the tendency to promote enmity between different groups on the ground of religion, then posting it on one’s facebook would certainly constitute an offence. The words employed in the post clearly are ones made with deliberate and malicious intention of outraging the religious feelings of a particular section of the community or a class of citizens of the country. Even if the said comments have been endorsed by the applicant by posting them on his Facebook, it does not matter whether he is the author or the exponent of the comments.”
Dismissing the application, the court in its order dated April 6, said, “In the opinion of this court, there is absolutely no good ground to quash the proceedings in exercise of powers under Section 482 of CrPC. Hence, this application is accordingly dismissed.”
