The anticipatory bail of a PFI member who is accused ofpromoting enmity between people of two religious communities is rejected byAllahabad High Court. While rejecting the plea, the High Court observed, “Thefundamental right to freedom of speech and expression in a secular state is notan absolute license to injure and hurt the religious feelings and faiths andbeliefs of a fellow citizen.”
Mohammad Nadeem, a Popular Front of India (PFI) activist,allegedly had made statements against the foundation stone laying ceremony ofRam Temple at Ayodhya. According to reports, the PFI member exhorted Muslims tocome forward and protect the site of Babri Masjid. Observing the comments andpropaganda made by the applicant, HC noted them to be capable of incitinghatred between two communities.
Considering the same, the Allahabad High Court said,“Therefore, prima facie, the offense is punishable under Section 153A IPC isattracted to the facts of the case. A person who takes the risk ofdissemination of the blasphemous message is not entitled to get the discretionof the Court exercised in his favor.” Single-Judge Justice Chandra Dhari Singhthus rejected the anticipatory bail plea of Mohammad Nadeem in the matter.
An FIR was filed by Anil Kumar along with Amit Kumar againstthe applicant-accused PFI member Nadeem. They were informed by villagers thatNadeem was propagating against the foundation laying ceremony of Ram Temple inAyodhya. The complainant stated that the accused was saying, ‘since the foundationlaying ceremony of the temple at Ayodhya is being done on the land of themosque, every Muslim has to come forward to protect the site of Babri Masjid.’The FIR was lodged for promoting enmity between different groups on the groundof religion and spreading communal hatred under Section 153A of IPC.
The accusation in the lodged FIR was opposed by Nadeem’scounsel, advocate Yusuf Uz Zaman Safwi. He claimed the allegations to be falseand fabricated and stated the FIR was an attempt to cover up the illegalitycommitted by wrongful and unauthorized detention of Nadeem by Policeauthorities in violation of the fundamental right to life and liberty. Safwisaid that Nadeem is a public-spirited person and a reputed social workactivist.
According to reports, the applicant had moved ananticipatory bail plea before the court below. However, on September 28, 2020,the Additional District and Session Judge, Barabanki rejected the applicationand said, “the applicant is involved in propagating against foundation layingceremony of Temple at Ayodhya and to promote the feeling of enmity, hatred orill-will between the two communities.”