Ahmedabad : The Gujarat High Court on Tuesday refused bail to Congress leader Afzal Bhai Lakhani on charges of posting objectionable posts on Facebook against Prime Minister Narendra Modi’s late mother Heeraben Modi. According to media reports, Afzal Bhai Lakhani had posted objectionable content against PM Modi’s late mother on his Facebook page. While hearing the matter, a single bench headed by Justice Nirzar Desai said that any person is free to like or dislike the Prime Minister, but it is unfair to use objectionable material and derogatory language against him.
social peace could be disturbed
Justice Nirzar Desai said that every person has the right to like or dislike a person, but it does not give him the right to use objectionable or derogatory language against the Prime Minister and his late mother. Therefore only general observations are made on behalf of this Court. He said that Afzal Bhai Lakhani’s post was material to disturb social peace. His post not only contained derogatory remarks about the Prime Minister and his late mother, but also contained obscene material. He said that Afzal Bhai Lakhani had shared pro-Pakistan and anti-India content which could disturb communal discord and social peace.
highly abusive language
Justice Nirzar Desai further said that the language used against the Prime Minister in the Facebook post was highly derogatory, which cannot be mentioned in the order. He also said that the posts appear to be agenda driven. Even if the maximum sentence of five years for the offense is considered, I do not find any compelling reason to grant bail.
facebook post personal agenda
Justice Nirzar Desai, in his order, indicated that the purpose of the post was not only to tarnish the image of the country’s leader, but also to fulfill personal hidden agenda. Justice Desai expressed concern that if such a person is granted bail, there is every possibility that he may once again commit a similar offense by using another name and creating a fake ID, as technology has now has advanced till now and once such a person is allowed to move freely in the society.
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Police registered a case under various sections
According to media reports, Afzal Bhai Lakhani was arrested after the Gujarat Police registered an FIR on the complaint of Devubhai Gadhvi regarding the post against Prime Minister Narendra Modi and his late mother. Devubhai Gadhvi alleged that he came across the Facebook page ‘Gujarat Trast BJP Mast’, in which objectionable material was posted against Prime Minister Narendra Modi and his late mother. On the basis of the complaint, the police registered a case against the accused Lakhani under defamation, hate speech, hurting religious sentiments, obscenity, Information and Technology Act along with other relevant provisions.