DELIBERATE INSULTS TO RELIGION NOT PROTECTED, CHARGE SHEET TO STAND – ALLH. HC
In a significant ruling, the Allahabad High Court delivered a judgment regarding a social media case involving the alleged outraging of religious sentiments. The court dismissed an application seeking to quash the charge sheet and emphasized the importance of responsible online speech.
The case revolved around an objectionable message posted on WhatsApp regarding “Maa Durga,” which had led to hurt sentiments among the Hindu community. The complainant had filed an FIR, resulting in a charge sheet being filed against the applicant under Sections 295A IPC and Section 67 of the I.T. Act, 2008.
During the proceedings, the applicant claimed innocence and asserted that they had received the message but did not send or forward it. However, the court took note of the evidence, including WhatsApp chats, indicating the applicant’s admission of receiving and forwarding the message to other groups.
The court highlighted that Section 295A IPC penalizes deliberate and malicious acts intended to outrage religious feelings. It emphasized that not all acts would qualify as an offense and that unintentional or careless insults were not covered. The judgment stressed that freedom of expression on social media comes with responsibilities and does not grant unfettered license for language use.
The ruling recognized social media as a global platform for exchanging thoughts and opinions but emphasized the need for responsible speech. The court underlined that citizens do not have the right to speak without responsibility and that freedom of expression should be exercised while considering its special responsibilities and duties.
The court further noted that the charge sheet was supported by cogent and reliable evidence, as collected during the investigation. Considering the prima facie case made against the applicant, the court affirmed the decision to summon the applicant for trial.
Date :- 16.5.2023
Dr.Shiv Sidharth @ Shiv Kumar Bharti vs State Of U.P And Another
