Shimla: Granting bail to a man held under sedition laws for allegedly engaging in “anti-national activities”, the Himachal Pradesh High Court has held that expressing a desire to end hostilities between India and Pakistan does not constitute sedition.
Justice Rakesh Kainthla made the observation, while granting bail to Abhishek Singh Bhardwaj, who was accused of posting photographs and videos of prohibited weapons, the Pakistani flag, and ‘pro-Sikh separatist’ content on Facebook.
“Prima facie, the material shows the petitioner criticised hostilities between India and Pakistan and advocated that all people, irrespective of their religion, should stay together, and that war serves no fruitful purpose. It is difficult to see how a desire to end hostilities and a return to peace can amount to sedition,” Justice Kainthla said in his order passed on 1 January.
The court, after examining a pen drive containing the images and videos, observed that it showed Bhardwaj in conversation with a Pakistani national, both criticising the hostilities between the two countries, and advocating that people of all religions should coexist peacefully. “The pen drive containing the images and the video was also perused by me… Mere posting of content showing prohibited arms with the name of a person does not amount to sedition,” the judge said.
Deputy Advocate General Prashant Sen, representing the state, argued that Bhardwaj was engaged in anti-national activities, and was in contact with Pakistan nationals. He described the offence as “grave”, and had urged the court to dismiss the bail petition.
Bhardwaj was arrested in May 2025 after a tip-off led the Himachal Pradesh Police to search his home.
No weapons or illegal items were recovered, but his mobile phone and Facebook account revealed chats with a Pakistani national criticising Operation Sindoor, the military response by India following the Pahalgam killings in Kashmir, and messages allegedly supporting Sikh separatism.
The Himachal police booked him under Section 152 of the Bharatiya Nyaya Sanhita (BNS).
The case also involved allegations that Bhardwaj used the slogan “Khalistan Zindabad”. However, the court said it was unable to locate any such slogan in the data extracted from his mobile phone, and added that even if such slogans were posted, “mere posting of the slogans will not prima facie amount to any offence”.
“There is no evidence, whatsoever, at this stage to show that any person was excited towards disaffection by posting these slogans,” the court said.
The court further noted that the First Information Report (FIR) did not allege that Bhardwaj directed any hatred or discontent towards the Government of India.
Considering that a chargesheet had already been filed, the court granted bail, saying: “The provisions of bail cannot be used to punish a person before the proof of his guilt. Hence, the petitioner deserves to be released on bail.”
The petitioner’s counsel told ThePrint that the ruling underscores the need for judicial caution in cases involving digital speech, especially when it concerns opinions on war, peace, and inter-community harmony. The counsel also said it also reaffirms that bail cannot be denied as a punitive measure prior to proof of guilt.