The Himachal Pradesh High Court recently dismissed the anticipatory bail plea of a doctor accused of posting derogatory comments about Lord Shiva and Nandi (bull mount of Shiva) on Facebook.
A single-judge Justice Virender Singh, noting that the accused was educated and fully aware of the potential impact of his alleged posts, emphasized the duty of every person to respect the religious beliefs of others in society.
“While residing in the society, it is the duty of every person to give due respect to the religious belief of other members of the society. In the name of freedom of expression, the laxman rekha should not be crossed,” the bench remarked.
Therefore, the bail plea by ophthalmologist Nadeem Akhtar was rejected after the complaint against him alleged habitual posting of derogatory remarks, causing outrage among people and leading to mass demonstrations in nearby villages.
An FIR was lodged under Section 295-A (hurting religious sentiments) of the Indian Penal Code against Akhtar, with additional charges under Sections 153A (promoting enmity) and 505(2) (public mischief) later added.
During the investigation, police obtained print-outs of the alleged derogatory posts from Akhtar’s Facebook page, and a status report detailing the objectionable content was submitted to the Court. Akhtar claimed that his Facebook account was hacked, and he was not responsible for the controversial posts.
The Court, however, pointed out that no complaint about the alleged hacking was made to the police, and Akhtar’s Google searches on deleting internet data and modifying online comments raised doubts about his claim.
Considering these factors and Akhtar’s status in society, the Court rejected the bail plea, stating that he should have exercised greater caution in his social media activity. The Court clarified that its observations were solely related to the question of bail and should not be seen as an expression on the merits of the case against Akhtar.
