‘Persons who convey the adventure of publication as well as dissemination of scurrilous as well as blasphemous messages are non entitled to larn the discretion of the courtroom exercised inwards their favour.’
While rejecting anticipatory bail to a human being who posted a comment on Facebook post, insulting members of Islamic community as well as the prophet, the Kerala High Court observed that the commutation right to liberty of speech communication as well as aspect inwards a secular soil is non an absolute licence to wound as well as wound the religious feelings as well as faiths as well as beliefs of beau citizens.
Justice R Narayana Pisharadi every bit good observed that the social media provides opportunities for the committee of crimes at a volume bird as well as that the cyber crimes cause got similar a shot expire a major threat to the society.
An FIR was registered against Bijumon, who had posted derogatory comments on Muslims as well as Prophet Muhammad, inwards a Facebook post. He was charged nether Section 153A IPC. He had moved high courtroom seeking pre-arrest bail.
Mentioning incorrect provision of police pull inwards FIR non a Earth to grant anticipatory bail
The high court, though said that offence punishable nether Section 153A is non attracted inwards this case, observed that the comments posted yesteryear him inwards the Facebook insult the members of Islam religion, as well as thereby would attract Section 295A IPC.
The bench, inwards this regard, observed: “The fact that the penal provision of Section 295A I.P.C. is non mentioned inwards the showtime information study is of niggling consequence. Mentioning a incorrect provision of police pull inwards the showtime information study should non survive a Earth for rejecting the prosecution case. It should non every bit good survive a Earth for granting anticipatory bail to the accused. The query is whether the allegations levelled against the defendant would found an offence as well as if so, which penal provision is attracted. At whatsoever phase of the investigation of the case, the investigating officeholder could right a error inwards mentioning a detail department of offence.”
The courtroom as well as thus rejected his bail plea on the Earth that his custodial interrogation would survive necessary to ascertain whether the mobile cry upwardly was used yesteryear him to transportation the comments inwards the Facebook page as well as every bit good to ascertain whether has got whatsoever connectedness amongst whatsoever fanatic groups or organisations.
Responsible role of the platform inwards social media has expire the postulate of the hour
The courtroom every bit good observed that cyber crimes cause got similar a shot expire a major threat to the society. “Social media render cracking create goodness to the society. They cause got brought a revolution inwards communication. But, they every bit good render opportunities for the committee of crimes at a volume level. Responsible role of the platform inwards social media has expire the postulate of the hour. This instance is an instance for the irresponsible role of the social media to wound the religious feelings of a degree of people inwards our society,” Justice Pisharadi observed.
The courtroom farther observed: “The commutation right to liberty of speech communication as well as aspect inwards a secular State is non an absolute license to wound as well as wound the religious feelings as well as faiths as well as beliefs of beau citizens. Persons who convey the adventure of publication as well as dissemination of scurrilous as well as blasphemous messages are non entitled to larn the discretion of the courtroom exercised inwards their favour.”
Madras HC Expressed Same View On Social Media
While rejecting anticipatory bail plea of journalist-turned-BJP leader south Ve Shekher who allegedly shared a derogatory Facebook transportation on women journalists, the Madras High Court had observed that sharing or forwarding a message inwards social media is equal to accepting as well as endorsing the message.
In its order, the high courtroom had said: “Daily nosotros run into immature emotional boys getting arrested for doing this type of activities inwards Social media? Law is same to everyone as well as people should non lose faith inwards our judiciary. Mistakes as well as crimes are non same.”
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