Supreme Court Refuses Pre-Arrest Bail To Man Accused Of Making Objectionable Facebook Post Against Smrit Irani

The Supreme Court on Friday refused to entertain a petition filed by a man seeking anticipatory bail in an FIR registered by the UP Police over a Facebook post with alleged objectionable remarks against Union Minister Smriti Irani.

A bench comprising Justices Sanjat Kishan Kaul and Hemant Gupta expressed disinclination to entertain the petition filed by one Shaharyar Ali, following which the petitioner chose to withdraw the same.

Accordingly, the petition was dismissed as withdrawn. The bench granted the petitioner two weeks time to surrender and seek regular bail. He had approached the Supreme Court challenging the May 25 verdict of the Allahabad High Court which dismissed his application seeking anticipatory bail

The FIR was registered for offences under Section 505 (2) of the Indian Penal Code and Section 67A of the Information Technology Act by Ramgarh police of Firozabad district on the basis of a complaint of a BJP member. It was alleged that his Facebook post on Smriti Irani promoted enmity between communities and was obscene in nature.

Before the Allahabad High Court, the petitioner had claimed that his Facebook account had been hacked and that the objectionable content got posted without his knowledge. However, the High Court refused to accept this argument noting that he had later expressed apology for the post.

The Court also prima facie observed that the contents of the posts are such that they could promote enmity between communities.

"In the prima facie opinion of this Court, looking to the fact that the applicant is a senior teacher in a college and a Head of Department, conduct of this kind prima facie does not entitle him to the indulgence of anticipatory bail", the High Court had observed.

Click here to read/download the order