Allahabad HC denies bail to man over social media posts showing PM Modi apologising to Pakistan: 'Not free speech'

The Allahabad High Court said freedom does not permit a person to post videos and other posts disrespecting the Prime Minister of India or the Indian armed forces. (File: PTI)

The Allahabad High Court on Wednesday denied bail to a man accused of posting objectionable content on social media that sought to show Prime Minister Narendra Modi and the Indian armed forces in poor light.

A single-judge bench of Justice Arun Kumar Singh Deshwal observed that the freedom of speech guaranteed under the Constitution does not extend to acts which disrespect high dignitaries and create disharmony among citizens, reported Live Law.

"Though our Constitution gives right to freedom of speech and expression to every citizen, but that freedom does not stretch to permit a person posting videos and other posts disrespecting to the Prime Minister of India, Indian Military and its Officers, which on the one hand, causes disharmony among the people of India and on the other hand comes within the purview of encouraging the separatism and endangers the sovereignty, unity and integrity of India," the court said while denying bail to the accused.

The judge further observed that it become a "fashion among certain groups of people" to misuse social media in the garb of freedom of speech and expression by making unfounded allegations against high dignitaries, posting such material which creates disharmony and hatred among the people.

The accused, identified as Asharaf Khan, was booked under Sections 152 and 197 of the BNS for allegedly uploading edited videos on his Facebook ID during the recent India-Pakistan military face-off.

As per the prosecution, the accused allegedly posted content showing Prime Minister Narendra Modi moving adjacent to a donkey running a cart with an aircraft and also showed him seeking an apology from Pakistan.

The alleged post also showed Wing Commander Vyomika Singh of the Indian Air Force sitting with Pakistan's Army chief. The post mentioned that PM Modi was "running to save himself" from a Pakistani missile.

The accused shared 'Pakistan Air Force Zindabad' in another post and also showed an Indian aircraft being destroyed by Pakistan. He also shared some other objectionable posts against Defence Minister Rajnath Singh and PM Modi.

The counsel for the accused, however, claimed that he was innocent and that the objectionable post had not been forwarded by the applicant, even though it was found on his mobile. The government, on the other hand, opposed bail stating that the alleged posts on social media create disharmony among people of India and also showed disrespect to the Indian Army and Indian Air Force.