New Delhi: The Allahabad High Court has dismissed a man’s petition seeking to quash an FIR against him for allegedly sending inflammatory WhatsApp messages that suggested his brother’s arrest under the anti-conversion law in Bijnor was religiously motivated.
A bench of justices Pramod Kumar Srivastava and J.J. Munir denied the relief to Afaq, noting that his posts or WhatsApp messages may not have been about religion per se, but “they definitely conveyed an underlying and subtle message” that his brother had been targeted in a false case because he belonged to a certain religious community.
A police sub-inspector had filed the criminal case against Afaq under various sections, including those related to outraging religious feelings of a class of persons with deliberate, malicious and intentional acts, publishing or circulating false information, rumours, or statements through electronic means.
“These unsaid words in the message prima facie would outrage religious feelings of a class of citizens hailing from a particular community, who would think that they are being targeted because of belonging to a particular religious community,” the two-judge division bench noted in the September 26 order.
Even if one were to think, the court went on, that Afaq’s WhatsApp message did not hurt anyone’s religious sentiments, its “unsaid words” were likely to create or promote feelings of enmity, hatred and ill-will between religious communities, and members of a particular community could at first glance think they were being targeted.
Although the act may not amount to public mischief, as defined under Section 353(3) of the Bharatiya Nyaya Sanhita, it was squarely covered under Section 353(2), which penalises the offence of circulating fake news through electronic means, with intent to create or promote hatred or ill will, the court noted, dismissing Afaq’s plea.
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Origins of the case
In July, Afaq’s brother Arif was booked under various sections of law including those related to offences such as rape, causing hurt, cheating, inducing persons to deliver their property to anyone and forgery for the purpose of cheating. He was also booked under section 3 of the Uttar Pradesh Prohibition of Unlawful Conversion Act.
Arif was arrested and produced before the court.
His brother, Afaq, meanwhile, circulated WhatsApp messages among people in Chandpur in Bijnor saying that police arrested his brother by claiming he was disturbing communal peace and causing hurt to religious feelings of a class of citizens.
In the court, he also argued that his brother was arrested on absolutely frivolous allegations regarding religious conversion of women, though not a single name of any converted woman was mentioned in the FIR.
Witnesses testified that they had received the message on their phones. Although the message disappeared after some time, one witness, Azam, took a screenshot.
According to the FIR registered against Afaq, he sent the messages with the objective of disturbing communal harmony and instilling hatred among a class of people by outraging their religious feelings.
Before the court, however, Afaq argued that since the criminal case in the lower court against his brother had also resulted in his bail, the present FIR should also be set aside.
Giving these reasons, he sought the quashing of the FIR, but the court denied the plea, saying the investigation must be carried to its logical conclusion.
(Edited by Ajeet Tiwari)
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