Freedom of expression doesn’t give liberty to cross Laxman Rekha
Dr Nadeem Akhtar v. State of Himachal Pradesh
Cr M P 1425 OF 2023, Before Himachal Pradesh High Court at Shimla
Bail application was dismissed on 24.07.2023 by Hon’ble Mr. Justice Virender Singh J
An FIR u/s 295A IPC was initially lodged against the applicant by Vivek Bhardwaj, Ex[1]C Chairman, Vyapaar Mandal Mehatpur Basdehda and Subhash Arey, President, Vyapaar Mandal Mehatpur Basdehda. Stating that the applicant who is an Opthalmologist had posted derogatory comments, on facebook, against Bhagwaan Bhole Shankar and Shivling. He is habitual of posting derogatory posts on his facebook account and his act has outraged the religious feelings.
Later Sections 153A and 505 (2) IPC were also added.
During the process of investigation, the police took out the print out of the screen shots of the comments one such screen shot shows an Ox licking the Shivling,
“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.”.
Resentments amongst the locals was soaring high in Mehatpur Bazar Una Bazar. Rally was organized and effigy was burnt of the applicant.
The Court seeing the status report directed the police to release him on bail in the event of his arrest. And as per the direction of the Court the applicant was released on bail.
His mobile phone was taken into possession and was sent for analysis to RFSL Dharamshala.
Observation of the Cyber Cell
On 23rd June, 2023 C. Ajay Kumar, had submitted the printout of the screenshot of the mobile.
In the Google History of the mobile of the applicant it was found that the applicant has searched as to how to delete the facebook history from mobile and how to modify screenshot of facebook comments.
A request was made by the investigating agency to the organizer of Meta Platform, vide letter, dated 19th June, 2023, to provide the registration details of facebook ID of the applicant, registration details of mobile number with facebook account, as well as, IP details of the alleged facebook ID.
The act of the applicant, has insulted the religious feelings, there is a lot of resentment in the area and against the said facebook post, there are demonstrations.
In case, the interim order is made absolute, the people of the locality may indulge in aggressive demonstrations and it may also result in ethnic disputes. The applicant is very influential and clever person and in case, interim order is made absolute, he may coerce the witnesses and allure them not to depose against him.
The State has prayed for the dismissal of the bail application of the applicant Nadeem Akhtar.
No doubt the applicant is participating in the investigation but what he has posted/commented on his FB account are derogatory and has hurt the religious sentiments of a particular section of society.
The applicant is not a layman, but, an educated person, who is well aware about the effect of his alleged post and comments.
We are living in a society and it is the duty of the people of other religion to give due respect to the religious belief of other members of the society.
The applicant has not made any compliant to the police when his FB account was hacked.
The applicant is having status in the society and, as such, he carries more responsibility.
He ought to have exercised more caution before allegedly making the comments or putting post on his Facebook account.
The social media has been used by the applicant for hurting the religious the social media has been used by the applicant for hurting the religious.
The police have also expressed apprehensions, in case, the interim bail order is made absolute.
Apprehensions are not 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.
Considering the facts and the consequence of the offences, committed by the applicant, the Hon’ble Court dismissed the bail application of the applicant.
