[PM's morphed photo] 'Acts with oblique motive hazardous, deserve no sympathy in justice delivery system': Allahabad HC

Read Time: 05 minutes

In a matter pertaining to morphed images of Prime Minister Narendra Modi and Home Minister Amit Shah on Facebook, sparing no pity to the culprit, the Allahabad High Court today said, "Persons who are deliberately involved in such acts directly or behind the curtain with (an) oblique motive...are hazardous to the civilized society. Court added that "they are not entitled for any sympathy in justice delivery system."

The bench of Justice Sanjay Kumar Singh further observed that "Use of Cyberspace by some people to vent out their anger and frustration by travestying the Prime Minister, Key-figures holding the highest office in the country...is abhorrent."

Observing thus, court directed the Government to take appropriate remedial measures/steps to control and eradicate such proliferating and booming devastating menace and to stop the misuse of social media platforms.

Court reasoned, "Since such incidents are on rise in a civilized society day by day and are polluting the minds of people, therefore, now it is high time to evolve some more and full proof screening mechanism to regulate, check and control the unhealthy posts on social media"

This development has taken place in a plea filed by one Niyaz Ahmad Khan urging the high court to quash the criminal proceedings including the charge sheet, cognizance, and the summoning order passed by Additional Chief Judicial Magistrate, Sant Kabir Nagar against him. 

Khan was booked under Section 67 of the Information Technology (Amendment) Act, 2008 and Section 500 of the Indian Penal Code for allegedly sharing a morphed photo of Prime Minister Modi shaking hands with wanted terrorist Hafiz Saeed in April 2018 on Facebook.

Khan had posted another morphed one showing that Prime Minister Narendra Modi and Cabinet Minister Amit Shah were feeding biscuits to dogs, on whom "Aaj Tak TV", "Zee TV" and "India TV".

However, considering the facts, circumstances and nature of allegations against Khan, court held that a cognizable offence was made out against him. Court said,

"At this stage, only prima facie satisfaction of the Court about the existence of sufficient ground to proceed in the matter is required. The impugned criminal proceeding under the facts of this case cannot be said to be abuse of the process of the Court. There is no good ground to invoke inherent power under Section 482 Cr.P.C. by this Court."

Therefore, finding no illegality or material irregularity in the lower court's order, court refused to intervene.

Case Title: Niyaz Ahmad Khan v. State of U.P. and Another