On April 6, the Allahabad High Court refused to quash proceedings against Asif, a man accused of making objectionable comments regarding Bhagwan Shiva on his Facebook account. Asif was booked u/s 153A and 295A of the Indian Penal Code, and u/s 66 of the Information Technology Act, 2000 for insulting religious sentiments of the Hindu community.
The Court said that offences of such kind promoting hatred between classes of people or communities have to be put down with a heavy hand. Furthermore, the Court said such offences cannot be permitted to flourish in society by adopting a soft-peddling approach.
The Court said, “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,” while refusing to quash the case against Asif.
It was alleged that Asif posted objectionable comments against Bhagwan Shiva on his Facebook account and used objectionable language which has hurt religious sentiments of the Hindu community. The Court noted that there have been further comments fomenting communal hatred by the other co-accused, in the comments section of the Facebook Account.
Asif’s counsel argued that the objectionable comments posted on his Facebook account were mere forwards of one Anjali Singh and were not Asif’s authorship. However, the Court rejected the argument and said, “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.”
The Court said, “If there is 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.” Furthermore, the Court noted, “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.”
The Court said, “there is absolutely no good ground to quash the proceedings in exercise of powers under Section 482 Cr.P.C,” and dismissed Asif’s application.
