Bounden duty of every citizen to respect constitutional dignitaries including Prime Minister, President: Allahabad High Court

It is the bounden duty of every citizen to respect constitutional dignitaries including President and Prime Minister of this great nation, the Allahabad High Court held while granting bail to man who allegedly shared objectionable photograph of Prime Minister on a WhatsApp group. (Mohd. Afaaq Kuraisi v. State of UP).Single judge Justice Mohd. Faiz Alam Khan said that the Prime Minster of this country or any Constitutional dignitary could not be confined to a particular class or religion as he is representing each and every citizen of this country."The Prime Minster of this country or any Constitutional dignitary could not be confined to a particular class or religion as he is representing each and every citizen of this country and it is the bounden duty of every citizen of this country to respect all the Constitutional dignitaries including the Hon'ble President and Prime Minster of this great nation," the Court held..The court also said that there cannot not be any doubt that the digital revolution had also brought with it technology which is used for useful purpose as well as misused by miscreants..The Court was hearing a bail application of one, Mohammad Afaaq Kuraisi who allegedly shared some 'objectionable' photographs of Prime Minister on a WhatsApp groups.He was booked under Section 295-A (outraging religious feelings) and 505 (Statements promoting enmity or ill will between classes) of Indian Penal Code and Section 66 of Information and Technology Act. .The Court granted bail to the applicant after considering the overall facts and circumstances of the case and keeping in view the unconditional apology tendered by him."I find substance in the submissions made by learned counsel for the applicant for the purpose of releasing the applicant on bail. The bail application of applicant is, thus, allowed," the Court said .The counsel for applicant submitted that the photo was not shared by him but his phone was used by some other person, who held a grudge against him to share his photo.Further it was submitted that the applicant, from core of his heart respects all Constitutional authorities of including the Prime Minister and therefore, could not even imagine to have made any objectionable post or photograph.Further, it was impossible for him to have morphed any photograph having regard to his educational qualification..On the other hand, the government advocate vehemently opposed the prayer for bail on the ground that the applicant had insulted the Prime Minster of the country by making an objectionable photograph of him and having regard the gravity of the matter, he is not entitled to be released on bail. .While granting bail to the applicant, the Court took into consideration that the he was in jail since September 18, 2021 and he did not have any criminal antecedents..[Read Order]