The Himachal Pradesh High Court has refused anticipatory bail to Nadeem Akhtar in the case concerning derogatory comments against Bhagwan Shiva and Nandi Ji on Facebook and hurting religious sentiments. An FIR has been registered against the accused u/s 295A, 153A and 505(2) of the Indian Penal Code (IPC).
Justice Virender Singh said, “The applicant (Nadeem Akhtar) is not a layman, but, an educated person, who is well aware about the effect of his alleged post and comments.” The court further emphasised that while residing in a society, it is the duty of all people to respect the religious beliefs of the other members of the society.
“In the name of freedom of expression, the laxman rekha should not be crossed,” the court said.
The accused argued that if he is arrested, it would cause hardship to him and his family. The accused further argued that his reputation and goodwill as a doctor would be tarnished. The accused is a qualified ophthalmologist and runs a private clinic at Mehatpur. He has resided in the area for over twenty years and rendered services as a doctor. The accused further contended that he is a law-abiding citizen and respects all religions. He further argued that the contents of the FIR are based upon a misconception.
Meanwhile, the complainant has submitted that the accused is a habitual offender posting derogatory materials on his Facebook account and outraging religious feelings. In the complaint, it has been mentioned that Nadeem Akhtar had posted “derogatory comments, on facebook, against Bhagwaan Bhole Shankar and Shivling.”
The complaint further requests a thorough investigation as to whether Nadeem Akhtar is associated with any anti-national activities. In the complaint, it is further submitted that the accused’s comments against Nandi Ji have created a lot of resentment among the people residing in nearby villages.
The police produced the screenshot of Nadeem Akhtar’s posts before the court, wherein he had commented on a photo of an ox licking the Shiva Linga. In the screenshots produced before the court, Nadeem Akhtar made objectionable comments against worshipping Shiva Linga. Furthermore, he claimed that if kids go abroad, their friends will laugh at them saying “tumhare desh mein to ling is king.” He further said that it is sometimes good if some religious practices are kept hidden and alleged that this “nautanki” has made Indians a laughing stock.
“Are par wahan mila kya murkhon ye to bata do apne bachchon ko. Bata do baba nahin babaji ka mil gaya. Jab ye bachche kabhi bahar jayenge to inhi ke dost inka mazaak udayenge ki tumhare desh mein to ling is king. Saari duniya mein ye nautnki karke bhartiyo ko hansi ka patra bana diya. Dharm ki kuch baatein dabi chupi rehti hain wahin achcha hai. Ye saari nautanki se sari duniya ab hum par hansegi,” Nadeem Akhtar commented on an image of an ox licking a Shiva Linga.
“Gaubar aur gaumutra ki aapar safalta ke baad andhbhakton ke liye pesh hai Naya brain tonic Gadhe ki leedh,” Nadeem Akhtar said, as seen in produced in another screenshot.
It has been alleged that the accused’s derogatory comments led to multiple demonstrations against him. On June 5, a rally was organised at Mehatpur Bazar to show resentment. Thereafter, on June 8, similar demonstrations were made in Una Bazaar. The police’s status report further reveals that on June 15, demonstrations were made against the accused by Hindu Ekta Manch and Vyapaar Mandal, Mehatpur.
Notably, the accused had searched for how to delete Facebook history from mobile and how to modify screenshots of Facebook comments. “This fact has been highlighted in the status report to show that after making the derogatory comments, the applicant has searched on the Google search engine as to how to delete the data and how to modify the comments,” the court noted.
“It is the case of the police that due to the act of the applicant, leading to insult the religious feelings, there is a lot of resentment in the area and against the said facebook post, there are demonstrations,” the court further noted.
The police have opposed the accused’s bail application, claiming that if the order is made absolute then the local people may indulge in aggressive demonstrations resulting in ethnic disputes. The police have also alleged that the accused is an influential and clever person, and if the order is made absolute, then he could coerce the witnesses and allure them not to depose against him. Furthermore, the police further apprehended that if the order is made absolute, then the applicant will not be available for the trial.
The court noted that as per the FIR, the accused had used social media to hurt religious sentiments of a particular religion. The court further notes the apprehensions of the police and said that their apprehensions cannot be said to be unfounded.
“Allowing the bail application, in this case, will also give a wrong signal to the society and it will encourage other persons to make such type of comments, allegedly causing resentment in the minds of followers of the other religions, which is also not good for the secular fabric of the country,” the court said.
“Considering all these facts and the ramification of the offences, alleged committed by the applicant, this Court is of the view that the applicant is not entitled for any relief, under Section 438 CrPC. Consequently, the bail application is dismissed,” the court concluded.
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