Meghalaya High Court Grants Bail To Man Who Allegedly Posted On FB That CM Should Be Killed By A Militant Organisation

The Meghalaya High Court on Thursday granted bail to a man booked under UAPA for allegedly posting on Facebook that the Chief Minister of the State, Conrad Kongkal Sangma should be killed by Hynniewtrep National Liberation Council (HNLC).

For the uninitiated, the HNLC is an insurgent group that operates in Meghalaya's Khasi and Jayantia hills region. It aims to develop Meghalaya as a province exclusively for the Khasi tribe and free it from 'domination' by the Garo tribe. The group took responsibility for many violent incidents that have taken place in the state in recent past.

The bench of Justice W. Diengdoh took into account the statement of the accused that he was under the influence of alcohol and was alone at his home when he started browsing his Facebook account but he could not remember whether he had posted anything on his Facebook page.

The Court also noted that on the day when the accused was arrested, he was forwarded to the hospital for medical examination and it was found out that he had consumed alcohol. However, the Court did add that it would be determined at the time of the trial as to whether the post in question was made under the influence of alcohol.

The bench was essentially dealing with the plea filed by one Anjana Wahlang seeking bail for her husband/accused (Martin Dkhar), who was arrested in connection with his comment on FB under Section 120 (B) and 506 IPC read with Section 13 of the UAPA Act.

It was alleged that he posted two derogatory comments on his Facebook page on August 15, 2022, directed against the Chief Minister of Meghalaya with the comments "HNLC should kill him". It was alleged that the comment in question amounted to a conspiracy to jeopardize the ongoing peace talks between the Central Government, the State Government and the HNLC. The accused was accordingly remanded to custody and is still in judicial custody for about 58 days.

It was contended that the accused is a driver by profession and is presently employed with a private person and as such, has no criminal antecedent or is involved with any unlawful association within the State. 

In view of these submissions, the Court granted him bail by observing thus:

"The statement of the accused also indicates that he was under the influence of alcohol and was alone at his home when he started browsing his facebook account but he could not remember whether he had posted anything on his Facebook page. However, this is a matter of investigation and the Investigating Agency is to be allowed to complete all formalities and to file a report in this regard according to the procedure."

Case title - Smti. Anjana Wahlang Vs. State of Meghalaya

Case Citation: 2022 LiveLaw (Meg) 41

Click Here To Read/Download Order