38.6c New Delhi, India, Saturday, May 18, 2024
Judiciary

Gujarat High Court Denies Bail to Man for Obscene Comments on PM and Late Mother [Read Order]

By LAWSTREET NEWS NETWORK      13 June, 2023 01:04 AM      0 Comments
Gujarat High Court Denies Bail to Man for Obscene Comments on PM and Late Mother [Read Order]

NEW DELHI: The Gujarat High Court has declined relief of bail to a man who was accused of posting obscene and derogatory comments against the Prime Minister of the country and his late mother on Facebook by creating multiple fake IDs, saying his release may have a larger impact over the peace and brotherhood in the society.

The court said if such persons are allowed to roam freely in the society, they may do the damage by the social media and once the damage is done, there is no point in arrest.

A bench of Justice Nirzar S Desai rejected bail plea by Afsalbhai Kasambhai Lakhani who was arrested on January 1, 2023 in the FIR registered on December 31, 2022.

His counsel submitted that the applicant regretted his act and that he would not do such acts in future. He also said even if he is convicted in the case, he would be sentenced to maximum jail term of five years.

The prosecutor opposed the plea, contending apart from making obscene and derogatory comments, the applicant has created 18 different Facebook pages through his two different mobile phones and also made international calls to Pakistan and other countries and also received phone calls from other neighbouring countries.

He submitted that the present applicant by using different fake Facebook accounts used to comment on the pages created by himself only and thereby, has tried to increase tension between two communities.

"Not only he is posting abusive pornographic and anti-indian material on the Facebook page by using a different name of Jigar Thakar but also the present applicant is making obscene and derogatory comments against the Prime Minister of the country and his late mother," he said.

After perusing the record, the bench said, "The language used in those post is so insulting and derogatory, that it is not possible for this Court to reproduce any of those post in this order and therefore, only general observations are made by this Court rather than reproducing the contents of any of the post".

"One can understand that a person may have like or dislike against any person but it does not mean that he may start using derogatory and abusive language for the Hon’ble the Prime Minister of country and his late mother," the bench added.

This Court has found that the present applicant who is an Indian citizen has made all the attempts to destabilize the peace in the society and prima facie, posts by the present applicant seems to be agenda driven, the bench said.

The judge, dismissing his bail plea, said, "I do not see any reason to show any leniency upon the present applicant and to enlarge him on bail."

The court also noted the applicant faced one more FIR also of similar nature wherein he has already been enlarged on bail.

"If such person is granted bail, there are all the chances that he may commit such offence once again by using another name and by creating fake IDs as the technology has advanced by now and once if such person is permitted to roam freely in the society, they may do the damage by his post on social media and once the damage is done, there is no point in arresting that person and punish him because larger damage by the time, such person is identified would already be done in form of disturbance of peace, harmony and brotherhood in the society, as social media is a very powerful tool to influence people," the bench said.

[Read Order]



Share this article:

About:

Explore Comprehensive Legal Reporting with LawStreet Journal: Your Go-To Source for Supreme Court an...Read more

Follow:
TwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Gujarat High Court References 'Manusmriti' to Discuss Early Marriage and Abortion of Minor's Pregnancy Gujarat High Court References 'Manusmriti' to Discuss Early Marriage and Abortion of Minor's Pregnancy

Read about the Gujarat High Court's reference to the 'Manusmriti' in a case involving the abortion of a minor's pregnancy. Explore the court's perspective on early marriages and the importance of seeking medical opinions on termination.

Gujarat High Court Denies Bail to Man for Obscene Comments on PM and Late Mother [Read Order] Gujarat High Court Denies Bail to Man for Obscene Comments on PM and Late Mother [Read Order]

The Gujarat High Court denies bail to a man accused of posting obscene comments about the Prime Minister and his late mother on Facebook. Learn about the court's reasoning behind the decision, the impact of such actions on society, and the potential consequences of allowing such individuals to roam freely.

Plea for Abortion: Gujarat High Court Explores Possibility of Compromise Between Rape Survivor and Accused Plea for Abortion: Gujarat High Court Explores Possibility of Compromise Between Rape Survivor and Accused

The Gujarat High Court judge explores the possibility of a compromise between a minor rape survivor and the accused while considering a plea for the abortion of her seven-month-old fetus. Discover the court's perspective and the legal proceedings involved in this sensitive case.

Gujarat High Court Dismisses Teesta Setalvad's Bail Plea in 2002 Riots Fabricating Evidence Case Gujarat High Court Dismisses Teesta Setalvad's Bail Plea in 2002 Riots Fabricating Evidence Case

The Gujarat High Court has dismissed activist Teesta Setalvad's bail plea in a case related to fabricating evidence in the 2002 riots cases. The court cited evidence of influencing witnesses and attempting to disrupt a democratically elected government. Setalvad has been directed to surrender immediately.

TRENDING NEWS

ed-to-seek-court-nod-for-custody-of-accused-if-not-arrested-till-cognisance-of-complaint-sc
Trending Judiciary
ED to seek court nod for custody of accused, if not arrested till cognisance of complaint: SC [Read Judgment]

The Supreme Court ruled that the Enforcement Directorate must seek court approval for custody of an accused if not arrested before the court takes cognizance of a complaint.

17 May, 2024 01:38 PM
fundamental-right-to-health-includes-consumers-right-to-be-made-aware-of-quality-of-products-sc
Trending Judiciary
Fundamental right to health includes consumers' right to be made aware of quality of products: SC [Read Order]

Right to health includes consumers' right to know product quality. Advertisers must submit self-declarations for ads to ensure transparency and accountability: SC

17 May, 2024 01:43 PM

TOP STORIES

indian-courts-this-week-law-street-journals-weekly-round-up-of-sc-hcs-may-6-may-10
Trending Judiciary
Indian Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [May 6 - May 10]

Get the latest updates from India's Supreme Court and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

13 May, 2024 10:29 AM
sc-dismisses-union-govt-plea-against-bail-to-maoist-financer-in-case-of-attack-on-police-party-in-jharkhand
Trending Judiciary
SC dismisses Union govt's plea against bail to Maoist financer in case of attack on police party in Jharkhand [Read Judgment]

SC rejects govt's plea against bail for accused in Jharkhand police attack case, citing absence of violated bail conditions.

13 May, 2024 11:33 AM
supreme-court-upholds-gang-rape-conviction-though-victim-turned-hostile
Trending Judiciary
Supreme Court upholds gang rape conviction, though victim turned hostile [Read Judgment]

SC upholds gang rape conviction despite victim's hostility, affirming witness credibility in criminal trials.

13 May, 2024 12:24 PM
sanatana-dharma-remarks-sc-seeks-response-from-up-maha-ktka-bihar-jamp;k-on-udhayanidhis-plea-for-clubbing-firs
Trending Judiciary
Sanatana Dharma remarks SC seeks response from UP, Maha, Ktka, Bihar, J&K on Udhayanidhi's plea for clubbing FIRs

SC seeks response on Udhayanidhi's plea for clubbing FIRs related to his remarks on 'Sanatan Dharma'.

13 May, 2024 12:39 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email