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Thursday, July 3, 2025

Not Free Speech: Allahabad HC Refuses Bail Over Alleged Posts Depicting PM Apologizing to Pakistan and Indian Jets Being Shot Down

Not Free Speech: Allahabad HC Refuses Bail Over Alleged Posts Depicting PM Apologizing to Pakistan and Indian Jets Being Shot Down



Not Free Speech: Allahabad HC Refuses Bail Over Alleged Posts Depicting PM Apologizing to Pakistan and Indian Jets Being Shot Down 


The Allahabad High Court has today declined to approve bail for an individual accused of sharing inappropriate material on social media targeting the Prime Minister of India and the Indian military. Justice Arun Kumar Singh Deshwal, part of the bench, noted that the constitutional right to free speech does not encompass actions that insult esteemed officials and foster discord among citizens. 


The judge also commented that it seems to have become a trend among certain groups to exploit social media under the guise of free speech by leveling baseless accusations against prominent figures, posting content that incites division and animosity among the populace. In summary, the accused, Asharaf Khan Alais Nisrat, who is charged under Sections 152 and 197 BNS, reportedly shared altered videos on his Facebook account during the recent conflict between India and Pakistan


According to the prosecution, the accused allegedly uploaded content suggesting that Prime Minister Narendra Modi was seen next to a donkey pulling a cart with an aircraft, further portraying him as asking for forgiveness from Pakistan. The contested post additionally depicted Wing Commander Vyomika Singh (from the Indian Air Force) meeting with Pakistan’s army chief and suggested that PM Modi was fleeing from a Pakistani missile attack


Another post celebrated the Pakistan Air Force and illustrated Indian jets being downed by Pakistani forces. There were also other 'objectionable' posts targeting Defence Minister Rajnath Singh and PM Modi shared by the accused. Although his lawyer claimed the accused is innocent and argued that he did not distribute the offensive post, which was nonetheless found on his mobile device, the State contended that the alleged social media posts promote discord among the Indian populace and show disrespect towards the Indian military and Air Force; thus, his request for bail was contested. 


In light of these arguments, the court, while denying bail to the accused, made the following pointed remarks: "While our Constitution confers every citizen the right to free speech and expression, this liberty does not extend to allowing someone to share videos and posts that ridicule the Prime Minister of India, the Indian military, and its officials, as such actions foster division among the Indian populace and may also encourage separatism, jeopardizing the country's sovereignty, unity, and integrity.” Finally, realizing that the nature of the social media posts by the accused disrespected not only the Prime Minister but also the Indian military and its personnel, the court denied the request for bail. Accordingly, the bail petition was dismissed.





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July 03, 2025 at 08:09PM

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