Allahabad HC dismisses plea of man accused of making post against Nabi Paigambar

Prayagraj, Dec 12 (PTI) The Allahabad High Court has dismissed an application filed to quash criminal proceedings initiated against a person accused of making a Facebook post against 'Nabi Paigamber' (the Prophet) of the Muslim community.

Dismissing the application, Justice Saurabh Srivastava observed that the words used in the post were clearly made with a "deliberate and malicious intention" of outraging religious feelings.

The court has also added that the inherent powers of the high court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) are to be exercised sparingly and at the stage of summoning, the court is not expected to hold a "mini-trial" to examine the defence of the accused.

"In the instant case, no sufficient grounds have been made out to invoke the extraordinary jurisdiction of this court under Section 528 BNSS," the court observed.

According to facts of the case, the applicant-accused, Manish Tiwari, was charged under Sections 302 (uttering words, etc. with deliberate intent to wound religious feelings of any person) and 353(2) (publishing or circulating any statement containing false information) of the Bharatiya Nyay Sanhita (BNS) on the allegations of making a post on Facebook against the Prophet.

The prosecution submitted that some people of the Muslim community resented this act as it was hurting their religious sentiments.

The application was filed challenging the chargesheet as well as the summoning order passed in July this year.

It was argued that the magistrate concerned took cognisance without applying his judicial mind. The primary contention raised by him was that he never made any comment against the Muslim religion.

It was further submitted that a person nearest to the applicant had made the said comments using the applicant's mobile number.

Justice Srivastava, after perusing the material on record, including the specific comment made by the applicant, found no merit in the arguments of the accused's counsel.

The court, in its order dated December 2, said, "At this stage, it cannot be said that no offence is made out against the applicant. The assertions of false implication raised by the applicant are factual issues that require proper adjudication by the trial court based on evidence." PTI COR RAJ KSS KSS