Gujarat High Court Denies Bail to Man for Obscene Comments on PM and Late Mother [Read Order]

NEW DELHI: The Gujarat High Court has declined relief of bail to a man who was accused of posting obscene and derogatory comments against the Prime Minister of the country and his late mother on Facebook by creating multiple fake IDs, saying his release may have a larger impact over the peace and brotherhood in the society.

The court said if such persons are allowed to roam freely in the society, they may do the damage by the social media and once the damage is done, there is no point in arrest.

A bench of Justice Nirzar S Desai rejected bail plea by Afsalbhai Kasambhai Lakhani who was arrested on January 1, 2023 in the FIR registered on December 31, 2022.

His counsel submitted that the applicant regretted his act and that he would not do such acts in future. He also said even if he is convicted in the case, he would be sentenced to maximum jail term of five years.

The prosecutor opposed the plea, contending apart from making obscene and derogatory comments, the applicant has created 18 different Facebook pages through his two different mobile phones and also made international calls to Pakistan and other countries and also received phone calls from other neighbouring countries.

He submitted that the present applicant by using different fake Facebook accounts used to comment on the pages created by himself only and thereby, has tried to increase tension between two communities.

"Not only he is posting abusive pornographic and anti-indian material on the Facebook page by using a different name of Jigar Thakar but also the present applicant is making obscene and derogatory comments against the Prime Minister of the country and his late mother," he said.

After perusing the record, the bench said, "The language used in those post is so insulting and derogatory, that it is not possible for this Court to reproduce any of those post in this order and therefore, only general observations are made by this Court rather than reproducing the contents of any of the post".

"One can understand that a person may have like or dislike against any person but it does not mean that he may start using derogatory and abusive language for the Hon’ble the Prime Minister of country and his late mother," the bench added.

This Court has found that the present applicant who is an Indian citizen has made all the attempts to destabilize the peace in the society and prima facie, posts by the present applicant seems to be agenda driven, the bench said.

The judge, dismissing his bail plea, said, "I do not see any reason to show any leniency upon the present applicant and to enlarge him on bail."

The court also noted the applicant faced one more FIR also of similar nature wherein he has already been enlarged on bail.

"If such person is granted bail, there are all the chances that he may commit such offence once again by using another name and by creating fake IDs as the technology has advanced by now and once if such person is permitted to roam freely in the society, they may do the damage by his post on social media and once the damage is done, there is no point in arresting that person and punish him because larger damage by the time, such person is identified would already be done in form of disturbance of peace, harmony and brotherhood in the society, as social media is a very powerful tool to influence people," the bench said.

[Read Order]