Gauhati High Court has denied bail to one accused person who had uploaded his profile photo in his Facebook account with a message 'I stand with Pakistan Army'.
The police registered the FIR against him for the offences under Sections 121/124A/505(1)(b) of the IPC R/W Section 66 of the I.T. Act.
Counsel for the accused-petitioner submits that the accused is in jail custody for 60 days, since he voluntarily appeared on call at the police station, on 04.03.2019
Justice Ajit Borthakur while dismissing the bail application of accused Tajul Islam cited reasons of such activity being seditious and termed it as an act that conduces public mischief. He termed alleged offence as very serious in nature for which law prescribes severe punishment if proved.
"On scrutiny of the case diary, it reveals that the accused uploaded his profile photo in his Facebook account with a message 'I stand with Pakistan Army' […] which brought an adverse impact extensively on the people of the State. On perusal of the statements of the witnesses, recorded under Section 161 Cr.P.C., it is noticed that none of them has implicated Md Ukil Uddin as the author of the said seditious facebook post, which was an act conducing to public mischief. The aforesaid alleged offences are very serious nature and the law prescribes severe punishment, if proved, for life imprisonment and fine. The investigation is yet to be completed."
Counsel for the accused applicant had submitted before the court that the accused owns a homeopathic pharmacy and on a day at noontime, when he went for 'namaz' at the nearby mosque leaving his mobile phone in charging mode at the pharmacy, one Ukil Uddin uploaded the objectionable posts in his facebook account in support of the Pakistan Army action against India. After his arrest, the wife of the accused filed an ejahar against the said Ukil Uddin, on 16.03.2019, for causing sufferance to the accused without fault.
Court quoting seriousness of offence rejected the contention of the counsel and dismissed the bail application. The court directed the investigating officer to expedite investigation in the case.
Read the Order Here