In a strong rebuke to the misuse of social media platforms, the Allahabad High Court on Wednesday rejected the bail plea of a man accused of posting objectionable content targeting Prime Minister Narendra Modi and the Indian Armed Forces.
Justice Arun Kumar Singh Deshwal, while dismissing the application filed by Ashraf Khan alias Nisrat, emphasized that the right to freedom of speech and expression guaranteed under the Constitution is not absolute and cannot be invoked to justify actions that disrespect high constitutional functionaries or spread disharmony.
“It has become a fashion among certain groups of people to misuse social media under the guise of freedom of expression by making unfounded allegations against national leaders and circulating content that spreads hatred and division,” the court remarked.
The accused, a resident of Hathras district, was booked under Sections 152 (acts endangering the sovereignty, unity, and integrity of India) and 197 (imputations and assertions prejudicial to national integration) of the Bharatiya Nyaya Sanhita (BNS), based on an FIR lodged at Sasni police station.
According to the prosecution, Khan allegedly uploaded edited videos to his Facebook account during a recent India-Pakistan military standoff. One video purportedly showed Prime Minister Modi walking beside a donkey pulling a cart resembling an aircraft, followed by a visual of the PM apologising to Pakistan. Another post allegedly depicted Indian Air Force officer Wing Commander Vyomika Singh seated next to the Pakistan Army chief, with captions mocking India’s defence preparedness.
Additional social media posts found on Khan’s mobile phone allegedly carried slogans like “Pakistan Air Force Zindabad” and visuals portraying Indian aircraft being destroyed by Pakistani jets. The prosecution also claimed that disparaging content targeting Defence Minister Rajnath Singh and other high-ranking officials was circulated.
In defence, Khan’s counsel claimed that he did not create or forward the posts and that their mere presence on his phone should not implicate him. However, the state strongly opposed the bail application, arguing that the posts posed a serious threat to national integrity and insulted the armed forces.
Rejecting the plea, the court concluded that the nature of the content was highly disrespectful and damaging to national unity. “Such actions not only cause social disharmony but also promote separatist sentiment and pose a threat to the sovereignty, unity, and integrity of India,” the order stated.
The court’s decision reinforces the judiciary’s stand that the right to free speech must be exercised responsibly and cannot be used as a shield for spreading misinformation or insulting the nation’s leadership and armed forces.
