Allahabad High Court denies relief to man who mocked Hindu deity.

‘Deliberate Act Of Religious Vilification’: Allahabad HC Denies Relief To Man Accused Of Making Derogatory Remarks On Lord Shiva.

Nilima Gupta | HENB | Prayagraj | April 19, 2024:: The Allahabad High Court today refused to quash a criminal case against one Owais Khan accused of making derogatory remarks about Lord Shiva on social media, citing it as a “deliberate act of religious vilification”.

Accused Khan is facing an FIR under Sections 153-A, 295-A IPC and Section 6 of Information Technology (Amendment) Act with the allegations that he had posted derogatory remarks and deliberately shared offensive photos of Lord Shiva on a social media platform, with the explicit intention of causing hurt to the religious sentiments of another community.

It was further alleged that he also posted a comment that the divider on the road was treated as the Shivling and was put to ridicule, and further had used derogatory language on Hindu Society. A charge sheet was filed on September 2, 2022, following a thorough investigation.

Subsequently, the trial court took cognizance and issued a summons to him on January 13, 2023. He moved the High Court with a plea seeking to quash the charge sheet, summoning order, and entire proceedings of the Case.

While rejecting a petition filed by one Owais Khan who mocked Lord Shiva on social media, the Allahabad high court on Friday said such acts not only cause emotional distress but also undermine the foundational values of our democratic society.

The court further said it is incumbent upon the judiciary to send a clear message that such conduct will not be tolerated and will be met with appropriate legal consequences. Justice Prashant Kumar dismissed a petition filed by Khan who had challenged the charge sheet filed against him.

The court said, “In a democratic society, such as ours, where freedom of speech is held in high regard, it is imperative to understand that this freedom is not absolute. It comes with responsibilities, foremost among them being the obligation to respect the sentiments and beliefs of others.”

“The misuse of freedom of speech to denigrate or insult religious beliefs undermines the very fabric of constitutionalism and fundamental human belief upon which our society is built,” it said.

“The principle of secularism, enshrined in our Constitution, underscores the importance of fostering an environment of mutual understanding and acceptance among individuals holding diverse beliefs and identities. The secular fabric of our nation demands individuals to exercise restraint and refrain from actions that may cause harm or offence to any religious community,” the court observed.

While emphasising Article 51A of the Constitution of India, the bench observed, “It is the fundamental duties of every citizen, including the duty to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, and regional or sectional diversities.”

“In a society that values religious pluralism and mutual respect, it is incumbent upon individuals to exercise prudence and refrain from actions that may cause unwarranted offence or hurt the sentiments of others, particularly in matters as sensitive as religious beliefs and practices,” the court said while dismissing the petition.

…

__Inputs from Live law & Hindustan Times.