An expression of a desire to end hostilities between India and Pakistan will not amount to the offence of sedition, the Himachal Pradesh High Court recently held [Abhishek v State of Himachal Pradesh] .Justice Rakesh Kainthla made the observation while granting bail to a man accused of uploading photographs and videos of prohibited weapons and the flag of Pakistan on Facebook.The accused, Abhishek Singh Bhardwaj, was further accused of communicating with a Pakistani national and criticizing Operation Sindoor, a military operation launched by India after last year’s Pahalgam killings in Kashmir.The Court, however, found that there was no allegation in the First Information Report (FIR) that any hatred or discontent was directed towards the Government of India. “The pen drive containing the images and the video was also perused by me. Prima facie, they show that the petitioner chatted with someone, and both of them criticised the hostilities between India and Pakistan. They advocated that all people, irrespective of their religion, should stay together, and that the war serves no fruitful purpose. It is difficult to see how a desire to end the hostilities and a return to peace can amount to sedition,” the Court added..Bhardwaj was booked under various provisions of Bharatiya Nyaya Sanhita (BNS) by the Himachal police in May this year after his house was searched on the basis of secret information stating that he had uploaded photos and videos of prohibited weapons. Though no illegal item was found in his home, his Facebook account was checked and it led the police to the controversial posts as well as the messages showing his alleged support for Khalistan. The accused was then booked under Section 152 of Bharatiya Nyaya Sanhita (BNS), which replaced the erstwhile provision on sedition in the Indian Penal Code (IPC)..In the bail order passed on January 1, the Court held that mere posting of content showing prohibited arms with the name of a person does not amount to sedition.On the allegation that the accused had raised the slogan of Khalistan Zindabad, the Court noted that it was unable to locate any such slogan in the data extracted from the mobile phone. Nevertheless, the Court opined that mere posting of the slogan does not prima facie amount to any offence. “In the present case, the slogans were posted, as per the prosecution, on Facebook. There is no evidence, whatsoever, at this stage to show that any person was excited towards disaffection by posting these slogans. Thus, the mere posting of the slogans will not prima facie amount to any offence,” the Court said..Considering that a chargesheet has already been filed in the case, the Court ordered release of the accused.“The provisions of bail cannot be used to punish a person before the proof of his guilt. Hence, the petitioner deserves to be released on bail,” it said.Advocate Sanjeev Kumar Suri represented the petitioner.Deputy Advocate General Prashant Sen appeared for the State..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
