A person supporting Pakistan has been given conditional bail from the High Court. The court said that Pakistan’s support is not prima facie treason without mentioning India or any incident.
Allahabad High Court decision
The Allahabad High Court has got a big relief to the accused of supporting Pakistan on social media. The High Court has approved the bail of the student who posted a post on social media. The court said that if a person supports Pakistan only without mentioning India or any specific incident, then prima facie it does not commit a crime under Section 152 of the Indian Justice Code. This stream punishes the acts that endanger the sovereignty, unity and integrity of India. This comment has been made by the single bench of Justice Arun Kumar Singh Deshwal.
Petition
The petitioner is in jail since 18 -year -old Riyaz May 25. The petitioner wrote on Instagram, “Whatever happens, it will be supported by Pakistan.” The court said that the police has filed a charge sheet. There is no need to take custody for inquiry. In such a situation, he is entitled to get bail. It was argued that this post has not hurt the dignity or sovereignty of the country, because it had neither the Indian flag, nor the name of the country or any picture that would disrespect India. The court said that only by supporting a country, even if it is the enemy of India, it cannot be considered a crime under the provisions of Section 152 of the Indian Justice Code.
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Government’s plea and Supreme Court reference
Protesting on behalf of the government, it was said that such a post promoted by the applicant through Instagram identity promotes separatism. The court also cited the recent decision of the Supreme Court in the state of Imran Pratapgarhi vs Gujarat and said that the freedom of speech and expression is one of the fundamental ideals of our Constitution. The High Court also clarified that Section 152 has a provision of rigorous punishment, so it should be implemented carefully. The court said that before implementing Section 152, proper precautions and appropriate standards should be adopted, because the words or posts spoken on social media also come under the freedom of expression, which should not be narrowly explained.
Bail basis
As long as it is not of nature that affects the sovereignty and integrity of a country or promotes separatism, the court granted conditional bail, keeping in mind the age of Riyaz, the absence of criminal history and the fact of the filing of charge sheet.
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