Excelsior Correspondent
JAMMU, Jan 31: Chief Judicial Magistrate Reasi Archna Charak today denied the bail to accused persons booked for spreading communal disharmony.
The bail has been deined to Madsar Hussain, son of Mohd Qasim of Thuroo and Sheikh Mehrul Nissa, daughter of Sheikh Salahudin of Reasi.
Ashwani Kumar, Additional Public Prosecutor strongly objected the bail plea of accused persons on the ground that their act is provocative and is committed intentionally to outrage the religious sentiments of particular community when the same are at peak in the wake of consecration of Ram Idol at Ayodhya.
He further argued that offence under Section 295-A IPC has propensity to create communal tension in the area and if accused are enlarge on bail that would unleash unwarranted consequences.
While rejecting the bail plea, the court observed, “one has to be very careful while using media. If one is using social media for expressing and spreading inner feeling then one should be ready to face consequences as even freedom of speech and expression is not absolute as Article 19(2) itself imposes restriction on it”.
“If matters of criminal activities targeted at hurting peaceful mutual existence of societies are taken lightly, then it will amount to an encouragement to such elements to misuse social media and like platforms create chaos, disharmony and violence in our society”, the court said, adding “in the present case, the timing of spreading such post is also important and further affirms that these posts were prepared and shared with certain motives”.
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