One might like or dislike PM Narendra Modi but should not use derogatory language against him: Gujarat High Court

The Gujarat High Court recently denied bail to a man accused of putting objectionable posts on Facebook against Prime Minister Narendra Modi and his late mother Heeraben Modi [Afsalbhai Kasambhai Lakhani vs State of Gujarat]..Single-judge Justice Nirzar Desai said that while one is free to like or dislike the PM, one should not use derogatory and abusive language against him. "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 Prime Minister of Country and his late mother. Therefore, only general observations are made by this Court rather than reproducing the contents of any of the post. On overall consideration of the material, 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," the Court said.The Court noted that the material posted by the accused, Afsalbhai Kasambhai Lakhani contained derogatory and insulting remarks not only against the PM but also against his late mother. He had also been posting even pornographic and obscene material on his page 'Gujarat Trast Bhajpa Mast', the Court said.The bench also observed that the accused had put out pro-Pakistani and anti-Indian posts. "This Court has found that he has posted certain posts which may disturb the communal harmony and may create unrest in the society as well as some material which is of such kind that it may have a larger impact over the peace and brotherhood in the society," the bench noted. The judge further noted that the language used against the PM was derogatory to such an extent that it is not possible for the court to reproduce of those posts in the instant order..The posts, the bench held were prima facie, agenda driven post. "Therefore, even if the maximum punishment for the offence, i.e. for five years, is considered, I do not see any reason to show any leniency upon the present applicant and to enlarge him on bail," the bench held. .The accused was booked on a complaint filed by one Devubhai Gadhavi on December 31, 2022. He alleged that he came across the Facebook Page "Gujarat Trast Bhajpa Mast" wherein some objectionable posts were made against PM Modi and his late mother. The complaint was filed before the Sikka Police Station, Jamnagar and the accused was booked for defamation, hate speech, hurting religious sentiments, obscenity and other relevant provisions along with the provisions of the Information and Technology Act..In its order, the bench pointed out that the posts were made just to malign the impression and image of not just the leader of the country but to fulfill his own personal hidden agenda. "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 underlined. With these observations, the bench dismissed the bail plea. .Advocate Sajid Kariyaniya appeared for the accused.Additional Public Prosecutor Manan Mehta represented the State..[Read Order]