BAREILLY: The Allahabad high court (HC), while granting bail to a Meerut man accused of sharing a " Pakistan zindabad " post on social media, observed that "simply posting support for another country won't attract the offence of endangering sovereignty of India under BNS ".
"Merely forwarding a message to show support of any country may create anger or disharmony among citizens of India and may also be punishable under BNS section 196 (promoting enmity or disharmony between different groups on grounds like religion, race, caste, or language), but definitely will not attract the ingredients of BNS section 152 (acts endangering India's sovereignty, unity, and integrity)," the court stated in its order made available on Friday, a copy of which is with TOI .
The case pertains to Sajid Chaudhary from Meerut who was accused of forwarding a post containing a "slogan praising Pakistan". Sajid was arrested by UP Police under charges of sedition , promoting enmity and act against national unity after the "objectionable post" was circulated online. He was charged under BNS section 152 and had been incarcerated since May this year.
During trial, Sajid's counsel argued his client neither authored nor created the post, but simply forwarded a message received from another person "without any intention to incite hatred or disturb public order". He pointed out the accused had no prior criminal record and posed no risk of tampering with evidence if released on bail. The govt counsel, on the other hand, claimed that Sajid was a "separatist with a history of similar activities".
Passed by Justice Santosh Rai , the HC order dated Septemebr 25, stated: "For attracting ingredients of BNS section 152, there must be a purpose by spoken or written words, signs, visible representations, or electronic communication to promote secession, armed rebellion, subversive activities, or encourage feelings of separating activities or endanger sovereignty, unity, and integrity of India..."
"Merely forwarding a message to show support of any country may create anger or disharmony among citizens of India and may also be punishable under BNS section 196 (promoting enmity or disharmony between different groups on grounds like religion, race, caste, or language), but definitely will not attract the ingredients of BNS section 152 (acts endangering India's sovereignty, unity, and integrity)," the court stated in its order made available on Friday, a copy of which is with TOI .
The case pertains to Sajid Chaudhary from Meerut who was accused of forwarding a post containing a "slogan praising Pakistan". Sajid was arrested by UP Police under charges of sedition , promoting enmity and act against national unity after the "objectionable post" was circulated online. He was charged under BNS section 152 and had been incarcerated since May this year.
During trial, Sajid's counsel argued his client neither authored nor created the post, but simply forwarded a message received from another person "without any intention to incite hatred or disturb public order". He pointed out the accused had no prior criminal record and posed no risk of tampering with evidence if released on bail. The govt counsel, on the other hand, claimed that Sajid was a "separatist with a history of similar activities".
Passed by Justice Santosh Rai , the HC order dated Septemebr 25, stated: "For attracting ingredients of BNS section 152, there must be a purpose by spoken or written words, signs, visible representations, or electronic communication to promote secession, armed rebellion, subversive activities, or encourage feelings of separating activities or endanger sovereignty, unity, and integrity of India..."
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