LUCKNOW: Observing that the judiciary’s tolerance towards cases with anti-national overtones was contributing to the rise in such incidents, the Allahabad High Court denied bail to a 62-year-old man for sharing a 'Pakistan Zindabad' post on a social media platform.
The court said his anti-national conduct did not entitle him to seek protection of his right to liberty guaranteed under Article 21 of the Constitution of India.
Rejecting the bail plea of Ansar Ahmad Siddique, the bench comprising Justice Siddharth said, “Commission of such offences is becoming a routine affair in this country because the courts are liberal and tolerant towards such acts of people with anti-national bent of mind. It is not a fit case for enlarging the applicant on bail at this stage.”
The court further observed, “Clearly, the act of the applicant is disrespectful to the Constitution and its ideals. His act amounts to challenging the sovereignty of India and adversely affecting the unity and integrity of the country by sharing anti-social and anti-Indian posts. The applicant is a senior citizen and his age shows that he was born in independent India. His irresponsible and anti-national conduct does not entitle him to seek protection of his right to liberty guaranteed under Article 21 of the Constitution of India.”
However, while denying bail, the court directed that the trial be concluded against the applicant as expeditiously as possible.
As per the FIR, the applicant had shared a post on the social media platform Facebook, making an appeal for propagating Jihad, complemented by the slogan ‘Pakistan Zindabad’.
The accused had also urged his community to support their Pakistani brothers. It is alleged that such a post hurt national sentiments and militated against India’s sovereignty and integrity. It had also hurt the sentiments of Indian citizens.
The bail application was filed on behalf of the applicant in a case registered under Sections 197 (acts that undermine national integration) and 152 (acts endangering sovereignty, unity, and integrity of India) of the Bhartiya Nyaya Sanhita (BNS) at Chhatari police station in Bulandshahr district of western Uttar Pradesh.
During the hearing, the counsel for the applicant submitted that the applicant had only shared the video on Facebook on May 3, 2025. “He is an old man, aged about 62 years, and is undergoing medical treatment,” the lawyer argued.
On the other hand, the state government’s counsel vehemently opposed the bail plea, stating that the applicant’s conduct was against the national interest and that he did not deserve to be released on bail. It was also submitted that the video was posted after the Pahalgam attack, which claimed 26 innocent lives, indicating that the applicant supported the terrorists’ act on religious grounds.
After hearing both sides, the court, in its order dated June 26, rejected the bail application. It emphasized that, as per Article 51-A(a), it is the duty of every citizen of India to abide by the Constitution and respect its ideals and institutions, the national flag, and the national anthem. As per sub-clause (c), every citizen must uphold and protect the sovereignty, unity, and integrity of the country.