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In a matter pertaining to a Facebook post related to Tablighi Jamat that allegedly hurt religious sentiments of a person, Chhattisgarh High Court quashed FIR stating that the content was already being aired by the news & media platforms and the post was already in public domain.

The Bench of Justice Narendra Kumar Vyas observed that a lot of news channels were also broadcasting similar content. The court also found no intention of the petitioner to promote feelings of enmity, hatred, or ill will between different religious groups.

The Court stated,

“The words spoken or written, if incite other community than only it is punishable and if the speaker of the words does not actively incite the descent into public disorder and is merely pointed out that insulting person or group is behaving in a particular manner, which may not amount to promotion and does not fall within the ambit of offence under Section 153-A, 295-A & 505(2) of I.P.C.”

Matter in Brief

The petitioner, namely Vishwadini Pandey, had filed a petition before the High Court challenging registration of an FIR  against her under sections 153-A, 295-A, 505 (2) & 188 of I.P.C.

She argued that the respondent no. 4, namely Shahid Siddqui, lodged the said FIR against her alleging one of her Facebook posts regarding Tablighi Jamat had hurt his religious sentiments.

Petitioner’s counsel submitted before the court that the present FIR had been lodged by respondent No. 4 with ulterior motive adopting pressure tactics as counter blast to take vengeance upon the petitioner as she had filed an FIR against one Nand Kumar Baghel, father of incumbent Chief Minister of Chhattisgarh who used derogatory remark against Lord Shri Ram and also abused Lord Ganesha.

He argued that no offence under sections stated in the FIR was made out as the petitioner had simply shared the post of one Rudra Anish and it was not the petitioner’s original written post.

He submitted that during Covid-19 pandemic in the month of March, 2020, there was rumor that the spread of Covid is due to the conduct of Jamaat Tabligh. They are assembling and spreading infection and other harmful things, it was being said.

He added that Hon'ble the Supreme Court took cognizance of the same and gave specific direction to Police with regard to take action on account of assembling of Jamaat Tabligh, as such, Police conducted raid in various locations like Maharashtra, Chhattisgarh etc. It was published in various news channels, media, newspapers as well. The petitioner posted only on the basis of publication of news, he further argued.  

“The petitioner has no intention to hurt any religious sentiment and she has just shared the post which was already in the public domain. It was not to hurt sentiment of any particular community,” he contended.

Considering the material on record, the Court observed that the registered FIR was silent on the existence of mens rea on the part of the accused for prima facie establishing the offence under Sections 153-A & 505 (2) of I.P.C.

Perusing the contents of the petitioner’s Facebook post, the court held that no comparison between two communities or groups had been done by the petitioner with intent to promote feelings of enmity, hatred, or ill will between different religious groups.

Regarding the offence under section 295-A, the court clarified that insults to religion offered unwillingly or carelessly or without any deliberate or malicious intention to outrage the religious feelings of that class do not come within this Section.

Therefore, allowing the petition, the Court held,

“The petitioner had shared the post of other person, even, contents of the FIR do not, prima facie, establish the alleged offences mentioned in the FIR, therefore, the FIR is liable to be quashed.”

(Case Title: Vishwadini Pandey v. State of Chhattisgarh and Ors)