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Synopsis

The Gujarat High Court recently dismissed the bail plea filed by Congres party member Afsalbhai Kasambhai Lakhani in the case registered against him for posting insulting Facebook posts against Prime Minister and his late mother. Allegations were also there that he made posts on Facebook that were anti-Indian and pro-Pakistani.

The high court was hearing Lakhani's plea filed seeking bail in a case registered under Sections 120 (B), 153 (A), 283 (2) (A), 294 (B), 295 (A), 298, 469, 500, 501 and 505 (2) of Indian Penal Code and under Section 67 of the Information Technology Act.

The FIR in the case was lodged by one Devubhai Khaminandbhai Gadhavi on December 31 last year. In the FIR, the informant stated that when he was surfing the internet, he found a Facebook page viz. Gujarat Trast Bhajpa Mast which contained certain posts relating to Prime Minister of India, Narendra Modi, and his late mother. 

The informant alleged that these posts were not only offending, objectionable and abusive, but also they had the potential to create unrest in society and disturb communal harmony.

The allegations were also leveled that not only were the posts intended to insult the Prime Minister but also they contained edited insulting images of the Prime Minister.

Thereafter, on January 1, 2023, Lakhani was arrested in the matter. 

Before the high court, while pressing for bail, Lakhani's counsel made only two submissions- first, Lakhani was regretting his act and that he should not have done this, and second, the maximum punishment would be five years in the matter, therefore, he should be enlarged on bail. 

However, the state counsel vehemently opposed the bail plea and argued that Lakhani was in the habit of posting such kinds of photographs, articles and quotes on his Facebook page for which another FIR also was registered.

The state counsel asserted that Lakhani's Facebook posts were anti-Indian and pro-Pakistani.

Moreover, he submitted that Lakhani had created 18 different Facebook pages through his two different mobile phones and had also made international calls to Pakistan and other countries.

Therefore, while stressing that Lakhani was not only posting abusive, pornographic and anti-Indian material on Facebook by using a different name of Jigar Thakar but also he was making obscene and derogatory comments against the Prime Minister and his late mother, the state counsel urged the court to dismiss Lakhani's bail plea. 

The single judge bench of Justice Nirzar S. Desai said, "One can understand that a person may have like or dislike against any person but it does not mean that he may start using derogatory and abusive language for the Hon’ble the Prime Minister of Country and his late mother".

Court noted that the language used in the said Facebook posts was so insulting and derogatory, that it could not reproduce the same.

Therefore, court decided to make only 'general observations'.

Court opined that from the material available on record, it was clear that Lakhani had posted all the said posts just to malign the impression and image of not just the leader of the country but to fulfill his own personal hidden agenda.

"If such person is granted bail, there are all the chances that he may commit such offence once again by using another name and by creating fake IDs as the technology has advanced by now and once if such person is permitted to roam freely in the society, they may do the damage by his post on social media and once the damage is done, there is no point in arresting that person and punish him because larger damage by the time, such person is identified would already be done in form of disturbance of peace, harmony and brotherhood in the society, as social media is a very powerful tool to influence people," said the court while dismissing Lakhani's bail plea. 

Case Title: AFSALBHAI KASAMBHAI LAKHANI Versus STATE OF GUJARAT