“In the name of freedom of expression, the laxman rekha should not be crossed.” : HP High Court Dismisses Bail Application for make derogatory remarks on Bhagwaan Bhole Shankar and Shivling.

On 24 July 2023, the Himachal Pradesh High Court, presided over by Justice Virender Singh, has dismissed the bail application of Dr. Nadeem Akhtar in connection with alleged derogatory comments posted on Facebook against religious figures. The judgment, delivered on 24^th July, 2023, emphasized the delicate balance between freedom of expression and the need to respect the religious sentiments of others.

Justice Virender Singh stated in the judgment, “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 case stemmed from an FIR registered under Sections 295-A, 153A, and 505(2) of the Indian Penal Code, following complaints by local authorities and religious organizations about offensive Facebook posts allegedly made by Dr. Nadeem Akhtar, a qualified ophthalmologist running a private clinic in Mehatpur, Himachal Pradesh.

The police presented digital evidence indicating Dr. Akhtar’s involvement in the comments. Demonstrations and law and order concerns arose in the area due to the alleged comments, and the police expressed apprehensions about potential communal disharmony if bail were granted.

Justice Singh highlighted the applicant’s status in society and the responsibility that accompanies it. “The applicant is not a layman, but an educated person, who is well aware of the effect of his alleged post and comments. He ought to have exercised more caution before allegedly making the comments or putting posts on his Facebook account,” the judgment read.

The Court dismissed the bail application, stating, “Allowing the bail application in this case will also give a wrong signal to the society and encourage other persons to make such type of comments, allegedly causing resentment in the minds of followers of other religions, which is also not good for the secular fabric of the country.”

The judgment reiterated that while deciding the question of bail, courts must balance individual liberty with the larger interest of society. “Freedom of expression must be exercised responsibly and should not infringe upon the religious beliefs and sentiments of others,” Justice Singh emphasized.

Date of Decision: 24th July, 2023.

Dr. Nadeem Akhtar vs State of Himachal Pradesh