Asif v. State of Uttar Pradesh
In the Allahabad High Court
Application u/s 482 10602/2023
Before Justice J.J. Munir
Decided on April 06, 2023

Relevancy of the Case: Quashing of proceedings in a case involving a Facebook post inciting communal hatred

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66)
• The Indian Penal Code, 1860 (Section 153A, 295A)
• The Code of Criminal Procedure, 1973 (Section 482)

Relevant Facts of the Case

• The applicant has posted objectionable comments on his Facebook account regarding Lord Shiva, thereby hurting the religious sentiments of the Hindu community.
• There have been further comments inciting communal hatred in the comment section by the co-accused.

Prominent Arguments by the Advocates

• The respondent’s counsel submitted that if a comment posted on Facebook can incite enmity between different groups on the grounds of religion, it would constitute an offence.
• The petitioner’s counsel further submitted that the comments posted on the applicant’s Facebook account were forwarded messages by Anjali Singh, not the applicant.

Opinion of the Bench

• Offences with the ability to promote hatred between communities have to be dealt with strictly.
• There is no reason to quash the proceedings.

Final Decision

• The bench dismissed the application.

Risha Thomre Rajani, an undergraduate student at NMIMS Kirit P. Mehta School of Law, Mumbai, prepared this case summary during her internship with The Cyber Blog India in May/June 2023.