Bail rejected on ground of “waging war” against the Government of India through social media platform

Punjab and Haryana High Court: While addressing a bail application under Section 439  CrPC, 1973, the Single Judge bench of Sudip Ahluwalia J., explained the fundamental nature and essence of the constituents that would amount to waging war in respect of social media platforms.

The brief facts of the case state that the petitioner was charged under Sections 121/121-A of IPC and Sections 10 and 13 of the Unlawful Activities (Prevention) Act, 1967.  For the charged offences petitioner claims that they are not established on prosecution material.

The contentions on behalf of the petitioner which have been placed before the court take reliance from the decision of the Apex Court in , Balwant Singh v. State of Punjab, (1995) 3 SCC 214, in which conviction was placed upon for the offences under Sections 124-A and 153-A Indian Penal Code, 1860 and was further set aside by stating that “The learned trial Judge, to say the least, seems to have drawn upon his imagination a course not permissible for a Court of Law.”

The counter placed on behalf of the State was that, petitioner’s involvement was not only in propaganda and inciting people to resort to violence leading to waging war against the Government of India, in fact, it also constituted provocative messages from leaders of terrorist groups based in Pakistan on social media/ facebook which is accessible to innumerable people around the world.

Therefore, the Hon’ble High Court on noting the facts of the case stated that in the present case the reliance placed by the petitioner on the case of Balwant Singh v. State of Punjab, (1995) 3SCC 214 would not be applied. In the instant case the incitement is on social media platform which is accessible to the world and not just a limited crowd as was the case in the relied case of the Supreme Court, further bail was not granted and the petitioner was stated to be liable under Section 122 of IPC which is at par punishable with Section 121-A for which he is already facing trial. [Arvinder Singh v. State of Punjab, 2018 SCC OnLine P&H 762, dated 01-06-2018]

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