LUCKNOW: The Allahabad High Court has refused bail to a person accused of posting objectionable content on social media against the Prime Minister and the Indian Armed Forces during Operation Sindoor, following the Phalagam massacre.
A single-judge bench, comprising Justice Arun Kumar Deshwal, observed that the freedom of speech and expression guaranteed under the Constitution of India does not extend to acts that disrespect the high dignitaries of the country and create disharmony among citizens.
Justice Deshwal stated that it had become a trend among certain groups to misuse social media platforms under the guise of freedom of speech by making nasty and unfounded allegations against dignitaries and spreading disharmony and hatred among communities.
The petitioner, Ashraf Khan alias Nisrat, had been booked under Sections 152 and 197 of the Bharatiya Nyaya Sanhita (BNS) for allegedly posting edited videos on his Facebook account during the recent India-Pakistan face-off following the Phalagam massacre.
According to the prosecution, the petitioner, who had moved the High Court seeking bail, allegedly posted a video showing the Prime Minister walking next to a donkey pulling a cart carrying an aircraft, later showing him apologising to Pakistan.
The post also depicted Wing Commander Vyomika Singh sitting with Pakistan Army Chief Asif Munir, claiming the Prime Minister was running to save himself from Pakistani missiles. Another post reportedly showed "Pakistan Air Force Zindabad" while displaying Indian aircraft being destroyed by Pakistani planes.
The applicant had also made derogatory comments about Defence Minister Rajnath Singh in his posts.
While the applicant's lawyer argued that his client was innocent and had not forwarded the posts, the state opposed the bail plea, contending that the posts not only created societal disharmony but also disrespected the Indian Armed Forces.
After hearing both sides, the court rejected the bail application.