EVERY CITIZEN IS BOUND TO RESPECT CONSTITUTIONAL DIGNITARIES INCLUDING, PRESIDENT AND PRIME MINISTER - ALLAHABAD HC

Single judge Justice Mohd. Faiz Alam Khan of the Allahabad High Court held it is the duty of every citizen to respect constitutional dignitaries, including the President and Prime Minister. The Court held this while granting bail to a man who allegedly shared an offensive and objectionable photograph of the Prime Minister on a WhatsApp group. The Prime Minister of this country could not be confined to a particular religion as he represents every citizen of this country.

The Single Judge heard a bail application by Mohammad Afaaq Kutaisi, who allegedly shared the said picture on a WhatsApp group. He was booked under section 295-A, 505 of the Indian Penal Code, and section 66 of the Information and Technology Act.

Counsel for the Applicant argued that he did not share the photo, and the phone was used by someone else to share the photo as he held a grudge against the Applicant. He further submitted that the Applicant cannot morph such a picture having regard to his education. Further, the applicants believe and respect the Constitution of India. The Government Advocate opposed the bail on the ground that the Applicant insulted the PM of the country. 

The Court granted bail after observing that the Applicant was in jail since 18th September 2021 and had no criminal antecedents. The Applicant also tendered an unconditional apology.

Author: Papiha Ghoshal