June 8, 2018
Punjab and Haryana HC has expounded that,"Sharing social media posts with seditious, divisive content could constitute the offence of waging war against the state under Sections 121 and 121A of the Indian Penal Code".
P&H High Court Judge, Justice Sudip Ahluwalia dismissed a Bail plea preferred against an Arrest made in 2016.
HC Judge while referring to etitioner cases of Balwant Singh & Anr v. State of Punjab similar charges were levelled against two accused for shouting slogans endorsing Khalistan in an open space. Supreme Court had dismissed the case, after finding that Police had arrested them prematurely for casual slogans which evoked little response.
Justice Ahluwalia, stated that the facts of the present case are in contrast to Balwant Singh’s case as the social media posts have a larger audience and are likely to evoke a significantly wider response".
He further added that,"It is difficult to track the seditious conduct when it comes to the social media posts and an internet audience. Social Media directly accessible all over the World simultaneously, and not just in a limited crowded place, such as the one in which the Slogans were shouted by the Appellants in the said case".
The petitioner the present case was accused of sharing several social media posts oriented towards establishment of a separate State of “Khalistan” for Sikhs.
The charges were made out against the accused included waging war, abetment and conspiracy to wage war against the government under the IPC, in addition to allied offences under the Unlawful Activities (Prevention) Act, 1967.
High Court further added that accused appeared to have reproduced similarly the incendiary messages from leaders of the designated Terrorist Groups.
Punjab & Haryana HC while dismissing the Bail petition of the accused stated that,"“It can therefore, be safely held that the Petitioner by way of collecting ‘men’, with the intention of either waging or being prepared to wage war against the Government of India, would be liable under Section 122 of IPC, which is punishable at par with section 121-A of IPC itself, for which he is already facing trial. The punishment in such event can extend to imprisonment for life".
Read Order @LatestLaws.com:
Punjab and Haryana HC order on Sharing Social Media post amounts to Sedition (Download PDF)
Punjab and Haryana HC Order on Sharing Social Media Post Amounts to Sedition by Latest Laws Team on Scribd
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