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.
- 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.