FREEDOM OF SPEECH IS NOT AN ABSOLUTE LICENSE TO HURT THE RELIGIOUS FEELINGS AND OF FELLOW CITIZEN - ALLAHABAD HC

7th April 2021

The fundamental right to freedom of speech and expression in a secular State is not an absolute license to injure and hurt the religious feelings and faiths, and beliefs of fellow citizens - Allahabad HC.

The Allahabad HC rejected the Anticipatory bail plea Of Md Naeem, an activist of Popular front of India (PFI). He accused of promoting enmity between Hindus and Muslims by spreading propaganda about the foundation stone laying ceremony of Ram Temple at Ayodhya and that every Muslim should come forward to protect the site.

As per the prosecution case, the complainant went to Bahrauli, Khartua, where he was informed that the applicant/accused made inciting statements. Thereafter, Nadeem was booked u/s 153 of IPC. The complainant further stated that the applicant is not just a member of PFI but an office-bearer involved in anti-national activities.

After hearing the parties, the Court said that the comments made by the applicant are capable of inciting one community against another community. Therefore, the offence punishable under Section 153A IPC is attracted to the facts of the case.

Author: Papiha Ghoshal

PC: Sushant Travels