Shimla: The Himachal Pradesh High Court has ruled that shouting “Pakistan Zindabad” without condemning India does not amount to sedition. The Court granted bail to Suleman, a fruit seller from Paonta Sahib, who was accused of posting an AI-generated image of Prime Minister Narendra Modi with the slogan on social media.
The case was filed under Section 152 of the Bharatiya Nyaya Sanhita. The prosecution argued that Suleman’s act was against national interest, citing strained relations between India and Pakistan. The police treated the matter as sedition and pressed for his detention.
The defence argued that Suleman, an illiterate vendor, lacked the knowledge to run social media accounts. It was revealed that his Facebook profile was created by his son and the disputed post was shared using his phone by the complainant. The Court also noted the presence of a financial dispute between the two, raising doubts about the motive behind the complaint.
The bench underlined that praising another country cannot be sedition unless it is paired with calls for separatism, subversion, or denouncement of India. The Court highlighted that Suleman had lived in Paonta Sahib for 24 years without any criminal record, had surrendered voluntarily, and cooperated with the investigation.
The ruling reflects a clear interpretation of Section 152 of the BNS, which replaces Section 124A of the Indian Penal Code. The Court found no evidence linking Suleman’s actions to a threat against the unity and integrity of India.
