Liking A Post Doesn’t Constitute to Publishing Provocative Material: Allahabad High Court
Title: Mohd Imran Kazi v State of U.P. and Another
Citation: Application U/S 482 No. – 31091 of 2023
Decided On: 18/10/2023
Coram: Hon’ble Arun Kumar Singh Deshwal,J.
Introduction:
The present application has been filed to quash the impugned charge sheet , cognizance order as well as non-bailable warrant passed in Case of State vs. Sami and others. The applicant had been accused of posting certain provocative messages on social media.
Facts of the case:
The applicant was alleged to post a certain provocative message on the social media resulting in assembly of 600-700 persons of Muslim community leading to serious threat to breach of peace. But, contrary to the allegation there doesn’t exist any material against the applicant according to Cyber Crime Cell of Agra.
The applicant had only liked a post of Chaudri Farhan Usman, in which t was mentioned that they would assemble before the collectorate to hand over the memorandum to Hon’ble the President of India.
Court’s Analysis and Judgement:
From perusal of Section 67 of the I.T. Act, it is clear that it is punishable only when any person publishes or transmits or causes to be published or transmitted in the electronic form any material which tends to deprave and corrupt persons who read, see or hear aforesaid material. Just Liking a post doesn’t constitute to publishing.
Even otherwise Section 67 of the I.T. Act is for the obscene material and not for provocative material. The court did not find any material proving the applicant guilty. Hence the application was allowed.
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Written By: Sushant Kumar Sharma