Imran v. State
In the High Court of Madras
CRL.O.P.(MD) 5221/2019 and CRL.M.P.(MD) 3279/2019
Before Justice M. Dhandapani
Decided on April 08, 2019

Relevancy of the case: Quashing of FIR for a Facebook post inviting Muslims for Jihad

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 67)
• The Code of Criminal Procedure, 1973 (Section 482)

Relevant Facts of the Case

• The FIR alleged that the petitioner had posted a message on Facebook inviting Muslims to perform Jihad.
• The police registered a case as it threatened the internal security of the nation and promoted enmity between religious groups.

Prominent Arguments by the Advocates

• The petitioner’s counsel submitted that unless the message attracts Section 67 of the Information Technology Act, 2000, merely posting a message on Facebook will not enable the police to register a case.
• The respondent’s counsel stated that the message was posted to create enmity.
• The petitioner’s counsel requested the court to direct the law enforcement agency for completion of investigation and filing of reports.

Opinion of the Bench

• The court relied on the FIR and opined that there was a commission of an offence.
• It did not quash the FIR and asked the police to submit the report within two months.

Final Decision

• Petition dismissed.
• FIR not quashed.

This case summary has been prepared by Tuba Aftab, an undergraduate student at IIMT & School of Law, GGSIPU, during her internship with The Cyber Blog India in May/June 2021.