Allahabad HC Landmark Ruling: Supporting Pakistan in posts not illegal, court grants bail to student

Allahabad High Court, while giving its verdict in an important case, granted bail to a student who was arrested for posting in support of Pakistan on social media. The court remarked that if a person has supported Pakistan but has not mentioned India or any specific incident, then it cannot be considered a crime under Section 152 of the Indian Penal Code.

Prayagraj: The Allahabad High Court has given its verdict in an important case in which a student was arrested for posting in support of Pakistan on social media. According to the information received by the Dynamite News correspondent, the court, while granting bail, remarked that only supporting Pakistan cannot be considered a crime under Section 152 of the Indian Penal Code (IPC).

What was the matter?

This case is related to 18-year-old student Riyaz, who has been in jail since May 25. Riyaz had written in a post on Instagram that no matter what happens, we will only support Pakistan. On the basis of this post, he was arrested, and a case was registered against him under serious sections. Looking at this, the court said that if a person only supports Pakistan and does not mention India or any particular incident, then it cannot be considered a crime under Section 152 of the Indian Penal Code (IPC).

Court's decision

The court considered the argument given by Riyaz, in which he said that his post neither had the name of India nor the national flag nor any symbol that hurt the dignity of the country. Riyaz said that merely expressing support for Pakistan cannot be considered punishable under Section 152 of the BNS. The court accepted this argument and granted him bail. The court also said that the charge sheet has been filed, and now there is no need to interrogate the accused, so he should get bail.

Opposition of the state government

The state government had opposed this case, saying that such posts spread animosity in the society and promote separatism. However, the court rejected this argument and cited the Supreme Court's Imran Pratapgarhi vs. State of Gujarat case. The court said that freedom of thought and expression is a fundamental right of every citizen under the Constitution.

Need to be cautious under Section 152

The court also said that Section 152 provides for severe punishment, so special caution should be taken while implementing it. Just posting something on social media, unless it directly endangers the sovereignty, unity, and integrity of India, cannot be considered a criminal act.

A preliminary investigation was mandatory

The court also said that even though the case is triable under Section 196 of the BNS, a preliminary investigation under Section 173 (3) was mandatory before taking action on it. This investigation was not done in Riyaz's case, due to which the court considered it an important aspect.

Attention paid to these things

The court granted conditional bail to Riyaz on the basis of his young age, no criminal record, and the charge sheet being filed. The court also directed that Riyaz should avoid posting any objectionable posts in the future.