– Akhilesh Tripathi
Lucknow: In an important ruling, the Allahabad High Court has declared that criticism of a political party on social media does not infringe upon anyone’s religious sentiments. The court affirmed that political criticism is a fundamental right of every citizen. This landmark verdict was delivered in response to a petition filed by Farheem Qureshi, a resident of Khurja, Bulandshahr.
In 2019, Farheem Qureshi posted a comment on social media stating, “Pulwama Attack – Could it be a preparation for 2019?” Following this, an individual named Raju Tyagi lodged an FIR against Qureshi, alleging that his post regarding the Pulwama attack had hurt his religious sentiments.
Subsequently, the police investigated the complaint and filed a charge sheet against Qureshi in the Bulandshahr court. The trial court took cognizance of the matter and directed Qureshi to appear before the court as an accused. Seeking relief, Qureshi moved the High Court, challenging the charges.
On February 3, the Allahabad High Court heard the case before the bench of Justice Arun Kumar Singh Deshwal. After reviewing the arguments and evidence, Justice Deshwal quashed the charge-sheet against Qureshi and dismissed the case.
During the hearing, Justice Deshwal made a significant observation, stating, “Criticism of a political party on social media does not hurt anyone’s religious sentiments. Under the right to freedom of expression, political criticism is a fundamental right of every citizen.”
With this ruling, the case against Farheem Qureshi was dismissed.
During the proceedings, the Additional Government Pleader representing the UP government opposed Qureshi’s petition. He contended that hurting religious sentiments is a crime against the state and cannot be resolved through mutual compromise. He further argued that social media comments have a widespread impact on the public and can hurt their sentiments. However, the High Court categorically rejected these arguments and dismissed the state government’s contentions.
This decision has dealt a major blow to the BJP-led UP government. The ruling is particularly relevant as criticism against the government on social media often results in legal actions and harassment against dissenters.
Following this judgment, it is now unlikely that complaints will be filed as easily over political remarks on social media. The Allahabad High Court’s ruling stands as a crucial precedent in upholding the right to freedom of expression in India.
