Allahabad High Court Refuses to Quash Case Against Man Accused of Offensive Facebook Post About Prophet, Citing Malicious Intent
By Rajesh Pandey
The Allahabad High Court has refused to interfere with criminal proceedings initiated against a man accused of posting objectionable remarks on Facebook regarding the Prophet of the Muslim community.
The Court held that the language used in the post reflected a “deliberate and malicious intention” to outrage religious sentiments.
Justice Saurabh Srivastava dismissed a petition filed by Manish Tiwari, who has been booked under Sections 302 and 353(2) of the Bhartiya Nyaya Sanhita (BNS) for allegedly publishing offensive content that provoked resentment among members of the Muslim community.
During the proceedings, the prosecution maintained that the post had deeply hurt the religious feelings of several individuals.
Following the complaint, the police conducted an investigation and filed a charge sheet. The Chief Judicial Magistrate (CJM), Sonbhadra, subsequently took cognizance of the offence and issued a summoning order in July.
Challenging this action, the petitioner argued that the magistrate had taken cognizance mechanically, without applying the judicial mind. He further contended that he had not personally made any comment against Islam or the Prophet.
His counsel claimed that the objectionable remarks were posted by someone close to him who had access to his mobile phone and used his number without his knowledge.
After considering the submissions of both sides, the High Court rejected the petition on December 2, concluding that the material on record clearly indicated intentional and malicious conduct. The Court observed:
“From the perusal of the material on record, including the comment made by the applicant, this Court finds that the words employed in the post clearly are ones made with deliberate and malicious intention of outraging the religious feelings of a particular section of the community or a class of citizens of the country.”
With this finding, the Court affirmed that the criminal proceedings would continue before the lower court.
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