Allahabad HC rejects PFI activist’s bail plea, says freedom of speech not absolute | The Chhattisgarh

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April 14, 2021

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Allahabad HC rejects PFI activist’s bail plea, says freedom of speech not absolute

Allahabad HC rejects PFI activist’s bail plea, says freedom of speech not absolute

The Allahabad Excessive Courtroom has mentioned the elemental proper to freedom of speech and expression in a secular state shouldn’t be a licence to harm non secular emotions, faiths and beliefs of fellow residents.
Rejecting the anticipatory bail software of Fashionable Entrance of India (PFI) member Mohammad Nadeem, Justice Chandra Dhari Singh noticed that somebody who takes the danger of “dissemination of blasphemous messages shouldn’t be entitled to get the discretion of the Courtroom exercised in his favour”.
Nadeem was booked beneath IPC Part 153-A (selling enmity) by Barabanki police on a criticism filed by one Anil Kumar who had alleged that the PFI member was “propagating that each Muslim has to come back ahead to guard the location of Babri Masjid” in view of the foundation-laying ceremony of the Ram Temple in Ayodhya.
The criticism mentioned as a result of “propaganda, there was a likelihood of communal rigidity”.
Nadeem’s counsel instructed the court docket that allegations made within the FIR had been “false and fabricated” and the lodging the FIR “is nothing however off-shoot to the protest in addition to the petition filed by the applicant in opposition to his unlawful detention by the police”.
The Excessive Courtroom noticed that prima facie, the offence punishable beneath IPC part 153A “is drawn to the info of the case”.
The court docket, nevertheless, clarified that the observations made in its order had been “just for the aim of deciding the applying for anticipatory bail” and it should have no bearing on the investigation or the trial of the case.