Merely praising another country without denouncing India cannot be treated as sedition, the Himachal Pradesh High Court ruled on Tuesday, August 19, because it does not incite separatist sentiments or subversive activities, Bar and Bench reports. The observation was made in relation to a man accused of sharing an AI-generated image of Prime Minister Narendra Modi with the statement, ‘Pakistan Zindabad’ who was granted bail by Justice Rakesh Kainthla.
The court noted that there was insufficient material to explain the prolonged detention of the accused, Suleman, who was booked under Section 152 of the Bharatiya Nyaya Sanhita (BNS) by the Paonta Sahib police in Sirmour district in May of this year.
He was booked over a social media post considered inflammatory and detrimental to national interest and subsequently surrendered to the police on July 8.
“Hailing a country without denouncing the motherland does not constitute an offence of sedition because it does not incite armed rebellion, subversive activities, or encourage feelings of separatist activities. Therefore, prima facie, there is insufficient material to connect the petitioner with the commission of a crime,” the Court said.
Arguments
Suleman’s defence counsel argued before the Court that he was wrongfully implicated in the case and, given that the chargesheet had already been filed, his continued custody would be of no purpose.
It was also observed that there was a pre-existing monetary transaction between the petitioner and the informant, which implied possible mala fide intent in the complaint.
The accused’s situation was also considered, with the court observing, “The petitioner is a poor, illiterate street vendor who earns his livelihood by running a small fruit cart outside the informant’s shop.”
Moreover, the petitioner was found to have no previous record of crime while living with his family in Paonta Sahib for 25 years.
The state counter argued, stating that at the time the post was uploaded, the relationship between India and Pakistan was strained and writing ‘Pakistan Zindabad’ was anti-national.
Not enough evidence
The court rejected the argument, stating that there was not enough evidence linking the accused to the alleged offence. It also observed that the police had already confiscated the electronic device in question and sent it for forensic analysis.
Suleman was represented by Advocate Anubhav Chopra, and the State of Himachal Pradesh was represented by Advocate General Lokinder Kulheria with Deputy Advocates General Prashant Sen, Ajit Sharma, and Sunena Chanhari.
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