The Allahabad High Court recently refused to quash FIR against a man accused of posting objectionable remarks on Facebook on Lord Shiva.
The applicant, Asif was booked under Sections 153A & 295A of the Indian Penal Code (IPC) and Section 66 of the Information Technology Act, 2000 for hurting and insulting the religious sentiments of the Hindu Community.
Single-judge Justice JJ Munir stated while refusing to quash the case that “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 offenses can’t be permitted to flourish in society by adopting a soft-pedaling approach at the cost of widespread damage to the community.”
The allegation against the applicant was that he has posted objectionable comments on his Facebook account, regarding Lord Shiva. Thereby also hurting the religious sentiments of the Hindu Community.
There were further comments fomenting communal hatred by the other co-accused, in the comments section of the Facebook post.
Before the Court, the applicant argued that the alleged comments posted on the applicant’s Facebook were merely forwarded by another person, Anjali Singh wasn’t created by the accused but only shared by him.
To this, the Court observed that if there is a comment which has the tendency to promote enmity between different groups, on the ground of religion posting/ sharing it on one’s Facebook would certainly constitute an offense.
“The words employed in the post clearly, are ones made with the deliberate and malicious intention of outraging the religious feelings of a particular section of the community or a class of citizens of the country”
Thus, if the said comments have only been endorsed by the applicant by posting them on his Facebook account, it is irrelevant whether or not such a person is the author or the exponent of the comments.
Therefore, while refusing to quash the case, the Court said that “In the opinion of this Court there is absolutely no good ground to quash the proceedings in the exercise of powers under Section 482 CrPC. This application is accordingly, dismissed.”
