"Lord Rama & Krishna Reside In The Heart Of Indians": Allahabad High Court While Granting Bail To Man Booked For FB Post

The Bench of Justice Shekhar Yadav was dealing with a bail plea of one Surya Prakash, who had allegedly made some obscene remarks against Lord Rama and Lord Krishna on his Facebook account.

While underscoring that whether one believes in God or not, one can't hurt anyone's faith and that it is necessary to respect the culture and great men of the country where one lives, the Court granted the bail to Jatav asking him not to commit such crime in future.

Court's observations

Referring to Article 19 of the Constitution of India, the Court observed that our Constitution gives us the right to freedom of expression, under which, any citizen can speak freely, because, the Court added, freedom is important in our life so that we can expand and propagate our thoughts, creative arts and quality of life.

"The Indian Constitution, which is the world's largest and most liberal constitution, allows a citizen to not believe in any religion or to remain an atheist, but it must be seen that he is not against the traditions of related to religion, health, morality, law and order or the rights of other citizens," the Court further remarked.

However, the Court referred to the Supreme Court's 2004 ruling of Commissioner Of Police & Ors vs Acharya J. Avadhuta And Anr, to state that the Right to freedom of religion and the right to freedom of speech and expression have their own limitations.

In the Commissioner Of Police (supra), also known as Anand Margi case, the Top Court had held that the practice of Tandava dance in public is not an essential part of Anand Margi faith [Justice S Rajendra Babu, Justice A R Lakshmanan and Justice G P Mathur in a 2:1 majority judgment].

The Court also added that, similarly, cow slaughter is prohibited during the Eid festival of Muslims, as it hurts the faith of other religions.

In this regard the Court also referred to Tandav Web series case order of Allahabaad High Court denying Pre-arrest bail to Commercial Head of Amazon Prime Video, Aparna Purohit, noting that the web series had hurt the religious sentiments of others.

Tandav- Allahabad HC Denies Anticipatory Bail To Aparna Purohit- Says "Such People Make The Revered Figures Of Religion Of Majority Community Source Of Earning Money"

Further, the Court opined that if citizens make obscene remarks on Lord Rama and Krishna, and publicize them through social media, then it can't be accepted by anyone and it would come under the category of crime.

"The obscene remarks made by the accused/applicant about the great men of India, Lord Shri Ram and Lord Shri Krishna, is an insult to the faith of the majority of the people of this country and it disturbs the peace, harmony in the society and the innocent people have to bear its consequences," the Court noted.

Against this backdrop, noting that the applicant had made public certain obscene remarks, which comes under the category of offence, the Court granted him bail as it observed that the investigating officer has filed a charge sheet against the applicant and the trial isn't likely to end in the near future.

Case title - Akash Jatav v. State of Uttar Pradesh

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