The Allahabad High Court while dismissing an application said that there a comment which has the tendency to promote enmity between different groups, on the ground of religion posting it on one’s Facebook, would certainly constitute an offence.
A Single Bench of Justice J.J Munir passed this order while hearing an application under section 482 filed by Asif.
The applicant has come up challenging the proceedings of Case under Sections 153-A and 295-A I.P.C and Section 66 of the Information Technology Act, 2000, Police Station – Charra, District Aligarh, and the order of cognizance dated 03.01.2023, passed by the Judicial Magistrate-II, Aligarh.
The allegation against the applicant is that he has posted objectionable comments on his Facebook Account, regarding Lord Shiva, employing objectionable language, which has hurt religious sentiments of the Hindu Community.
The case is that by those comments, he has insulted the 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 Facebook Account.
After investigation, the Police have submitted a charge-sheet on the basis of material collected. The Court has taken cognizance of the offence and the applicant has now challenged the resultant proceedings, through the application under Section 482 CrPC.
“A perusal of the comments posted on the applicant’s Facebook have been sought to be defended by the Counsel for the applicant, as being mere forwards by another Anjali Singh that are not the applicant’s authorship. If there is a comment which has the tendency to promote enmity between different groups, on the grounds of religion 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 matters not whether he is the author or the exponent of the comments. 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.
In the opinion of the Court there is absolutely no good ground to quash the proceedings in exercise of powers under Section 482 CrPC”, the Court observed while dismissing the application.