Allahabad HC refuses to quash FIR over ‘anti-national’ posts against PM, RSS

Prayagraj/New Delhi:  The Allahabad High Court has refused to quash criminal proceedings against two persons accused of sharing “anti-national” and derogatory posts against Prime Minister Narendra Modi and the Rashtriya Swayamsewak Sangh (RSS) on Facebook, observing that social media cannot be misused to spread content capable of disturbing public harmony.

A single-judge Bench of Justice Saurabh Srivastava, dismissing a plea filed by Jubair Ansari and another accused under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), said that while social media provides a platform for people to freely express their views, “sometimes the line is crossed when such information is posted without understanding the consequences of such instances”.

“Sometimes social media is misused where people post such comments which hurt the feelings of others and trigger disharmony on a large scale,” the Allahabad High Court said.

The accused sought quashing of the entire criminal proceedings, including the charge sheet, and the cognisance order passed by a Sonbhadra court in November last year in connection with an FIR registered at Anpara Police Station.

According to the FIR, the accused had allegedly circulated objectionable and “anti-national” posts from the Facebook account of a Pakistani YouTuber. The prosecution alleged that several posts on their Facebook accounts were directed against the Prime Minister and the RSS. The FIR was lodged under Sections 353(2), 196(1)(a), 3(5), 352 and 351(2) of the Bharatiya Nyaya Sanhita (BNS).

The counsel appearing for the applicants argued that the FIR was lodged with mala fide intention and that no specific date or time of the alleged incident had been mentioned. It was further contended that the allegations were vague and based solely on Facebook posts, and that the magistrate had mechanically taken cognisance without proper application of mind.

Opposing the plea, the prosecution submitted that the issues raised by the applicants pertained to disputed questions of fact requiring appreciation of evidence during trial and could not be examined in proceedings seeking quashing of the case.

In its order, the Allahabad High Court observed that freedom of speech on social media carries responsibilities and cannot extend to content intended to provoke disharmony or hatred among communities. Explaining the scope of Section 196(1)(a) of the BNS, which replaced Section 153A of the Indian Penal Code, Justice Srivastava said the provision gets attracted when a social media post deliberately promotes enmity, hatred or ill-will between groups based on religion, caste, language, race or community.

The judge further said that the provision requires a “clear, deliberate intention to create disharmony” and applies where the content is likely to disrupt public harmony or provoke breach of the peace.

The Allahabad High Court observed that the allegations against the applicants were prima facie supported by evidence collected during the investigation and that, at the stage of summoning, a magistrate is only required to determine whether there is sufficient ground for proceeding and not whether the accusations are sufficient for conviction.

“From perusal of the material on record, at this stage, it cannot be said that no offence is made out against the applicants,” it said. Holding that no case for interference was made out under the court’s inherent jurisdiction, the Allahabad High Court dismissed the plea as “devoid of merit”.

–IANS