KOCHI: Kerala High Court on Friday dismissed anticipatory bail plea of activist Rehana Fathima, who had tried to enter Sabarimala but was blocked by protesters, an accused in a case registered by Pathanamthitta police alleging hurting religious sentiments. The police registered a case against her for the offence under section 295 A (deliberate and malicious acts, intended to outrage religious feelings or any class by insulting its religion or religious beliefs) of IPC.
According to the prosecution, the petitioner with the deliberate intention of outraging the religious feelings of Ayyappa devotees uploaded in her Facebook account a picture of Lord Ayyappa, with a ribbon wrapped around the lower limb of Ayyappa, which was being cut by a woman using scissors. She also posted a photograph of her, wearing a attire of a devotee of Ayyappa and posed in sexually explicit posture. These posts wounded the religious feelings of devotees. The investigation in the case is progressing, submitted senior public prosecutor Suman Chakravarthy.
The court noted that even though she intended to visit Sabarimala, she has no case that she is the devotee of Ayyappa. "Definitely, the three photographs cumulatively and independently are seen, prima facie appear to have the propensity to wound the religious feeling of the devotees or create confusion in their mind and may affect the religious feelings of the devotees," observed the court.
Justice Sunil Thomas pointed out that it did not prima facie appear to be unintentional or innocuous since she herself claims to be a believer of an Advaita system of faith. "It is to be investigated whether the posts were deliberately intended to outrage the religious feelings of the community. It has also to be verified whether other persons are involved and whether posts were made as a part of a larger conspiracy. The computer used for uploading the posts have also to be seized," observed the court.