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Synopsis

The Supreme Court has recently granted bail to a Congress party member who was accused of posting obscene and derogatory comments against the Prime Minister of the country and his late mother on Facebook by creating multiple fake IDs.

A bench of Justices AS Bopanna and MM Sundresh has directed appellant accused Afsalbhai Kasambhai Lakhani not to put out any such post on social media either directly or indirectly.

The court granted relief to the accused noting that he has already expressed regret.

Solicitor General Tushar Mehta, on behalf of the Gujarat government, referred to the nature of posts put on social media by Lakhani. In response the bench said,

"Be that as it may, having taken into consideration the fact that the High Court has also referred to these aspects of the matter and the petitioner at a later stage, had indicated regret, we would deem it appropriate to provide an opportunity to the petitioner to participate in the trial effectively but however he should restrain himself from putting any such posts on social media in future either directly or in an anonymous manner".

"Hence, we make it a condition for grant of relief to the petitioner and direct that the petitioner be released on bail subject to adhering to all the conditions imposed by the trial court including that he shall not put any posts of this nature on social media," bench added.

Court further clarified that the state government may approach in case of any violation of the condition for cancellation of the bail. 

Afsalbhai Kasambhai Lakhani was arrested on January 1, 2023 in the FIR registered on December 31, 2022 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 was lodged by Devubhai Khaminandbhai Gadhavi on December 31 last year. High Court had declined relief of bail to him, saying his release may have a larger impact over the peace and brotherhood in the society. 

It had added that if such persons are allowed to roam freely in the society, they may do the damage by the social media and once the damage is done, there is no point in arrest. 

The prosecutor had claimed apart from making obscene and derogatory comments, the applicant had created 18 different Facebook pages through his two different mobile phones and also made international calls to Pakistan and other countries and also received phone calls from other neighbouring countries. 

He had submitted that the present applicant by using different fake Facebook accounts used to comment on the pages created by himself only and thereby, has tried to increase tension between two communities. 

"Not only he is posting abusive pornographic and anti-indian material on the Facebook page by using a different name of Jigar Thakar but also the present applicant is making obscene and derogatory comments against the Prime Minister of the country and his late mother," he had said.

Case Title: AFSALBHAI KASAMBHAI LAKHANI vs. THE STATE OF GUJARAT