The Allahabad High Court has declined to dismiss criminal charges against two individuals accused of sharing derogatory and “anti-national” content about Prime Minister Narendra Modi and the RSS on Facebook. The court emphasized that while social media allows free expression, it should not be misused to spread content that disrupts public harmony. The accused had sought to quash the criminal proceedings, including the charge sheet, related to objectionable posts made from a Facebook account.
The FIR alleged that the accused shared objectionable posts against the Prime Minister and the RSS, leading to the criminal proceedings. The court noted that freedom of speech on social media comes with responsibilities and does not cover content aimed at inciting disharmony or hatred among communities. It explained the legal provisions regarding promoting enmity between groups based on religion, caste, language, race, or community.
The court highlighted that the accusations against the accused were supported by evidence collected during the investigation. It clarified that at the stage of summoning, the magistrate only needs to establish if there are sufficient grounds to proceed, not whether the accusations are adequate for conviction. The court concluded that there was no basis to interfere in the case under its inherent jurisdiction and dismissed the plea as lacking merit.
