The Allahabad High Court has dismissed a petition seeking to quash criminal proceedings against two men accused of posting “objectionable” and “anti-national” content targeting Prime Minister Narendra Modi and the Rashtriya Swayamsewak Sangh (RSS) on social media.
Justice Saurabh Srivastava, presiding over the case, ruled that the allegations against the accused—identified as Jubair Ansari and Izahar Alam of Sonbhadra—prima facie stand corroborated. The court noted that the trial court had already taken cognizance of the offences, which involve charges under the Bharatiya Nyaya Sanhita (BNS) for promoting enmity and attempting to provoke a breach of peace.
In the order dated April 29, the High Court highlighted the standing of the entities targeted by the Facebook posts. The court observed that the RSS is an organization that has been “rendering its services to the various sections of society” for the last 100 years. Regarding Prime Minister Narendra Modi, the court noted that he has been “elected by the majority of citizens.”
The bench characterized the Facebook posts as a “deliberate and malicious attempt” to outrage religious feelings and trigger disharmony.
A significant portion of the ruling addressed the broader implications of digital conduct. Justice Srivastava remarked that while social media allows for the easy expression of views, users often “cross the line” without understanding the consequences.
“It is one way very good where the views of the people are known to everyone,” the judge noted. “But sometimes the social media is misused where people post such comments which hurts the feelings of others and triggers disharmony on a large scale.”
To illustrate the dangers of digital misuse, the court cited a 2012 incident where morphed images of earthquake victims were circulated to falsely represent Muslim victims of riots in Assam and Burma, a move intended to provoke further violence. The court also expressed concern over the easy accessibility of adult content by minors in the current digital landscape.
The accused are facing charges under Section 196(1)(a) of the Bharatiya Nyaya Sanhita (BNS). The court clarified that this section is attracted when content deliberately promotes enmity or hatred between different groups based on religion, race, residence, or community.
Under this provision, such posts can lead to cognizable offences, granting police the authority to register an FIR and make arrests without a warrant if public harmony is disrupted.
While the counsel for Ansari and Alam argued that the FIR was filed with “malicious intent” to harass them, the state counsel maintained that the trial should proceed. Concluding that it could not be said that “no offence was made out,” the High Court allowed the case to continue in the trial court.
