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KOCHI: Fundamental right to speech is
not an absolute licence to hurt religious beliefs of fellow citizens and
persons who do so are not entitled to get anticipatory bails, which is a
discretionary power of courts, says the Kerala High Court.
Justice R Narayana Pisharadi said in
the judgment on a petition (B.A. No. 4881/2018) seeking anticipatory bail, “The
fundamental right to freedom of speech and expression in a secular State is not
an absolute license to injure and hurt the religious feelings and faiths and
beliefs of fellow citizens. Persons who take the risk of publication and
dissemination of scurrilous and blasphemous messages are not entitled to get
the discretion of the court exercised in their favour.”
The court said cyber crimes have now
become a major threat to the society and that social media provide
opportunities for commission of crimes at a mass level. Responsible use of
social media has become the need of the hour, the court noted while adopting a
hard line against misuse of social media to hurt religious sentiments.
A petition filed by 28-year-old
Bijumon Narayanan of Thelakkad in Malappuram seeking anticipatory bail was
considered by the court. He was accused of posting a comment on Facebook page
about a ‘news report’ published by ‘Marunadan Malayali’ about a prospective war
between members of Islam and Christianity.
As per the prosecution case, the
petitioner had posted a comment that Muslim is a virus that would destroy the
world and had described members of the religion as dogs. In another comment, he
allegedly insulted and abused prophet Muhammad.
In the judgment that denied
anticipatory bail to the accused, the court said this case is an example for the
irresponsible use of social media to hurt the religious feelings of a class of
people in the society.
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