The Himachal Pradesh High Court has rejected the anticipatory bail plea of a qualified ophthalmologist, Dr. Nadeem Akhtar, who was facing an FIR for posting derogatory comments on Facebook against Lord Shiva and Lord Nandi. The FIR was lodged under Sections 295A IPC, 153A, and 505(2) IPC, alleging that the comments hurt the religious sentiments of a particular community.
The court, while denying the bail, highlighted that Dr. Nadeem Akhtar, being an educated person, should be aware of the impact of his alleged posts and comments. It emphasized the importance of respecting the religious beliefs of others while residing in a society, cautioning against crossing the boundaries of freedom of expression.
The complaint against Dr. Nadeem Akhtar accused him of being a habitual offender in posting derogatory materials on his Facebook account and outraging religious feelings. Screenshots of his objectionable comments were produced before the court, where he made disparaging remarks against the worship of Shiva Linga. He claimed that such practices made Indians a laughing stock, and his comments led to demonstrations in the area.
The police's status report further revealed that the accused searched for ways to delete Facebook history and modify the comments after making the derogatory remarks. The court took note of the resentment caused by the comments and the apprehensions expressed by the police, which were not deemed unfounded.
The High Court concluded that granting bail to Dr. Nadeem Akhtar would send the wrong signal to society and encourage others to make similar comments, leading to further resentment among followers of different religions. Considering the ramifications of the alleged offences, the court dismissed the anticipatory bail application under Section 438 CrPC.
The case serves as a reminder of the delicate balance between individual liberties and societal interests, especially when it comes to expressing opinions on social media that can impact communal harmony and religious sentiments.
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