Md. Karim Khan v. State of Assam
In the High Court of Gauhati
B.A. 1158/2019
Before Justice Ajit Borthakur
Decided on May 24, 2019

Relevancy of the case: Bail application in a case involving the publication of a disturbing image of PM on Facebook

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 67A)
• The Indian Penal Code, 1860 (Section 294, 500)
• The Code of Criminal Procedure, 1973 (Section 439)

Relevant Facts of the Case

• The accused uploaded an obscene picture of the Prime Minister on his Facebook account.

Prominent Arguments by the Advocates

• The petitioner’s counsel submits that the accused is illiterate and denies his involvement in the alleged crime.
• The respondent’s counsel argues that the accused has published derogatory images of the Prime Minister and the investigation for the same has not been completed.

Opinion of the Bench

• The court said that if liberty of bail is granted at the present stage of investigation, further investigation is likely to be impaired.

Final Decision

• The application stood disposed of.
• Bail was denied.

This case summary has been prepared by Anushka Ojha, an undergraduate student at Bharati Vidyapeeth New Law College, Pune, during her internship with The Cyber Blog India in May/June 2021.