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Doctor Nadeem Akhtar allegedly made some derogatory comments about a Shivalingam on Facebook. Later he claimed that his account had been hacked.
The Himachal Pradesh High Court recently dismissed the anticipatory bail application moved by a doctor who allegedly posted insulting post and comments on Facebook for Lord Shiva and his bull mount Nandi.
The bench of Justice Virender Singh held that the accused namely Nadeem Akhtar was not a layman but an educated person who was well aware of the effect of his alleged post and comments.
"While residing in the society, it is the duty of every person to give due respect to the religious belief of other members of the society. In the name of freedom of expression, the laxman rekha should not be crossed," said the single judge bench.
Court also refuted the doctor's claim that his Facebook account had been hacked and the post in question had been put up by the hacker. Court highlighted that the doctor had not made any complaint to the police regarding the same.
"The applicant is having status in society and, as such, he carries more responsibility. He ought to have exercised more caution before allegedly making the comments or putting post on his Facebook account," said the court.
The accused doctor moved the high court having apprehension of arrest in a case registered in Mehatpur, Una district on June 3, 2023, under Section 295-A of the Indian Penal Code.
As per the FIR in the case, the doctor, who runs an eye hospital had posted derogatory comments, on Facebook, against Bhagwaan Bhole Shankar and Shivling.
The complainant in the case had also alleged that the accused doctor was habitual of posting such types of posts on his Facebook account and his acts had outraged the religious feelings of the people of the area.
Before the court, the concerned Facebook post of the doctor was also placed on record. Moreover, the police apprised the court that in protest of the accused doctor's act, on June 5, one rally was organized in Mehatpur Bazar and doctor's effigy was burnt.\
The high court observed that while deciding the question of bail, court has to maintain a delicate balance between individual liberty and the larger interest of society.
Therefore, noting that the police had specifically expressed certain apprehensions, court opined that allowing the pre-arrest bail in the case would send a wrong signal to society and it will encourage other persons to make such type of comments.
Case Title: Dr. Nadeem Akhtar v State of Himachal Pradesh
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