The Allahabad High Court granted bail to a man accused of making objectionable remarks against Lord Rama and Lord Krishna on social media with the warning not to commit the offence again.
Justice Shekhar Kumar Yadav said freedom of expression is not unlimited. There are also some restrictions under the Constitution. No one has the right to hurt religious sentiments of others in the name of freedom of expression. In the case of derogatory remarks in social media against Lord Rama and Lord Krishna, the court said India is incomplete without Rama.
It is necessary to respect the culture and great men of the country in which they are living. Whether one believes in God or not, he has no right to hurt anyone’s faith. The culture of Vasudhaiva Kutumbakam is ours. The court said that our culture has been of Vasudhaiv Kutumbakam.
The High Court granted conditional bail to Akash Jatav alias Surya Prakash of Hathras, who had made obscene remarks against Lord Rama and Krishna, since petitioner has been in jail for the last 10 months and the trial is not likely to be completed soon.
Jatav, the petitioner, said on November 28, 2019, someone prepared his fake ID and posted obscene posts. He is innocent and also argued that freedom of expression is enshrined in the Constitution which cannot be considered a crime.
On the other hand , the public prosecutor argued that the petitioner had gone to his maternal uncle’s house in Ahmedabad. Where he has put obscene posts by putting his SIM card in the mobile phone of uncle’s son and as soon as the FIR is registered, he has thrown away the mobile phone and SIM card.
The court said that fundamental rights have been given in the Constitution. Among the same is the right to freedom of expression. The Constitution is very liberal. One who does not believe in religion can be an atheist. This does not give anyone the right to hurt the faith of others. The court quoted the Supreme Court as saying that dancing with a human skull in hand cannot be allowed.
The court observed that the act of hurting sentiments is a non-bailable offence under the Information Technology Act. Freedom of expression is not unlimited. State security, rumour-mongering, obscenity is not freedom of expression but a crime.
The court said, ” Our sages have shown human beings the way to become God. Tagore said the soul of India is seen in Ramayana, Mahabharata. Rama has also been important in the life of Mahatma Gandhi. Social harmony is nowhere to be seen other than Ramayana. From eating the berries of Sabari to hugging Nishadraj, only the message of social harmony has been given. The principle that one only reaps the fruits of one’s own karma is described in Bhagavad Gita. The soul is immortal. She changes body like clothes. Like a calf finds its mother in the herd.”
“The mind is part of the body. Only the body feels pleasure and pain. Lord Krishna said, pay attention to the karma, leave the fruit to me. The spirit of Vasudhaiva Kutumbakam is not there in any other country. On remarks against Rama and Krishna not being pardonable, the court said that God comes to protect religion. God incarnates when Dharma is lost. The picture of Lord Rama Sita is also inscribed in the Indian Constitution. In such a situation, obscene remarks against Rama and Krishna are not pardonable,” the Court held.