'Deliberate Act Of Religious Vilification': Allahabad HC Denies Relief To Man Accused Of Making Derogatory Remarks On Lord Shiva

The Allahabad High Court today refused to quash a criminal case against one Owais Khan accused of making derogatory remarks about Lord Shiva on social media, citing it as a "deliberate act of religious vilification". 

"It is incumbent upon the judiciary to send a clear message that such conduct will not be tolerated and will be met with appropriate legal consequences," stated a bench of Justice Prashant Kumar as he stressed the importance of maintaining respect for religious beliefs of various communities.

The Court observed that religious sentiments hold immense significance for citizens, and any act aimed at denigrating or disintegrating such sentiments constitutes a "grave affront" to the principle of tolerance and secularism.

The court said that the accused's actions, which demonstrated a "blatant disregard" for religious sentiments, cannot be viewed as mere inadvertence but would be a deliberate affront to the cherished values of our pluralistic society.

"Moreover, the applicant's conduct by posting derogatory statements is not only an affront to the religious sentiments of the affected community but 2 also undermines the foundational principles of our democracy. By making a mockery of a community's beliefs and comparing them to mundane objects, the accused has displayed a callous disregard for the deeply held beliefs and sentiments of millions," the single judge remarked.

Accused Khan is facing an FIR under Sections 153-A, 295-A IPC and Section 6 of Information Technology (Amendment) Act with the allegations that he had posted derogatory remarks and deliberately shared offensive photos of Lord Shiva on a social media platform, with the explicit intention of causing hurt to the religious sentiments of another community. 

It was further alleged that he also posted a comment that the divider on the road was treated as the Shivling and was put to ridicule, and further had used derogatory language on Hindu Society. A charge sheet was filed on September 2, 2022, following a thorough investigation.

Subsequently, the trial court took cognizance and issued a summons to him on January 13, 2023. He moved the High Court with a plea seeking to quash the charge sheet, summoning order, and entire proceedings of the Case.

Before the High Court, his counsel contended that the applicant had been falsely implicated because he had not posted the comment himself; it was made after hacking his account.

It was further submitted that assuming the alleged comment has been posted, it still does not constitute any offence and is rather an innocuous statement made without intending to hurt the religious feelings of any community.

On the other hand, the AGA, appearing for the state, submitted that the applicant's comment was outrageous and had hurt the religious sentiment; hence, the accused was rightly summoned by the court below.

Considering the facts of the case and the arguments presented before it, the Court observed that upon examination of the evidence on record and a thorough review of the case details at this juncture, it could not conclusively be determined that no offence has been committed by the applicant.

Importantly, stressing that in our democratic society, where freedom of speech is highly valued, it's crucial to recognize that this liberty isn't absolute and that this right comes with the responsibility to honour the sentiments and beliefs of others, the Court remarked thus:

"...The misuse of freedom of speech to denigrate or insult religious beliefs undermines the very fabric of constitutionalism and fundamental human belief upon which our society is built. 9. The principle of secularism, enshrined in our Constitution, underscores the importance of fostering an environment of mutual understanding and acceptance among individuals holding diverse beliefs and identities. The secular fabric of our nation demands individuals to exercise restraint and refrain from actions that may cause harm or offence to any religious community."

The Court added that the nature of the derogatory remarks and the deliberate posting of a derogatory photo of Shivling indicated that the applicant harboured a malicious intent to outrage the religious feelings of a particular community.

"Such actions cannot be excused as mere expressions of opinion but must be recognized for what they are: deliberate acts of religious vilification there as a deliberate attempt to insult and hurt the sentiments of a particular community," the Court added.

"Hence, it is not the reaction of a hypersensitive individual that is at stake here, but the impact on those who genuinely hold the Shivling sacrosanct and are deeply affected by the derogatory social media post and comments. In a society that values religious pluralism and mutual respect, it is incumbent upon individuals to exercise prudence and refrain from actions that may cause unwarranted offence or hurt the sentiments of others, particularly in matters as sensitive as religious beliefs and practices," the Court further remarked.

Further, noting that the alleged comments made on Shivling clearly show the applicant's malicious intent regarding the religious feelings of other communities, the Court dismissed the accused's plea.

Case title - Owais Khan vs. State of U.P. and Another 2024 LiveLaw (AB) 250

Case citation: 2024 LiveLaw (AB) 250

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