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Respecting Constitutional Dignitaries Including President, PM Is Citizens' 'Bounden Duty': Allahabad HC Grants Bail In PM's 'Objectionable' Pic Case

Sparsh Upadhyay
25 Oct 2021 2:54 PM GMT
Respecting Constitutional Dignitaries Including President, PM Is Citizens Bounden Duty: Allahabad HC Grants Bail In PMs Objectionable Pic Case
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Stressing that it is the bounden duty of every citizen of the country to respect all the Constitutional dignitaries including the President and Prime Minster of 'this great nation', the Allahabad High Court today granted bail to one Mohd. Afaaq Kuraisi booked for posting objectionable image of Prime Minister, Narendra Modi on a WhatsApp group.The Bench of Justice Mohd. Faiz Alam...

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Stressing that it is the bounden duty of every citizen of the country to respect all the Constitutional dignitaries including the President and Prime Minster of 'this great nation', the Allahabad High Court today granted bail to one Mohd. Afaaq Kuraisi booked for posting objectionable image of Prime Minister, Narendra Modi on a WhatsApp group.

The Bench of Justice Mohd. Faiz Alam Khan also observed that it is to be known to one and all that the Prime Minster of this country or any Constitutional dignitary could not be confined to a particular class or religion as he is representing each and every citizen of this country.

The matter before the Court

The Court was dealing with the regular bail plea of Kuraisi booked under Sections 295-A, 505(2) I.P.C. &Sec. 66 of Information and Technology (Amendment Act), 2008 for making and posting morpheed/'objectionable' picture of the PM on a WhatsaApp Group.

Submitting that he had been falsely implicated in the case and that his mobile phone had been misused by some miscreants in order to get him implicated falsely, the bail plea of Kuraisi further contended that there was no logic for him to post the objectionable photograph in the Whatsapp Group created by the Station House Officer of a local police station.

He also submitted that he respects all Constitutional Authorities of the nation including the Prime Minister and therefore, he could not even imagine to have made any objectionable post or photograph.

However, submitting that he has been a victim of circumstances, he apologized for the illegal act being committed by his mobile phone and sought bail in the matter.

Court's observations

At the otuset, the Court stressed upon the duty of citizens to respect constitutional dignitaries including president and PM, the Court further notes that the digital revolution has also brought with it technology which is used for useful purpose as well as misused by the miscreants.

"It is to be known to one and all that the Prime Minster of this country or any Constitutional dignitary could not be confined to a particular class or religion as he is representing each and every citizen of this country and it is the bounden duty of every citizen of this country to respect all the Constitutional dignitaries including the Hon'ble President and Prime Minster of this great nation," the Court futher stated.

Lastly, taking into account the unconditional apology tendered by the applicant, the Court granted him bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned.

"The applicant is in jail since 18.09.2021 and he is not having any criminal history and it has been submitted with force that applicant shall abide by any direction which may be imposed by this Court as well as by the subordinate Court and he will cooperate in the investigation and trial," the Court observed while granting bail to the applicant.

Case title - Mohd. Afaaq Kuraisi v. State of U.P.

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