The Allahabad High Court on Tuesday dismissed the anticipatory bail plea of a Popular Front of India (PFI) office-bearer, who feared arrest for hurting religious sentiments in an inflammatory speech against the foundation stone laying for the Ayodhya Ramjanmabhoomi temple.
The PFI is an extremist Islamic organisation and has often been accused of involvement in anti-national and anti-social activities.
A Lucknow bench of the high court denied the pre-arrest bail to PFI activist Mohammad Nadeem, saying the right to freedom of speech and expression is “not an absolute licence to hurt religious sentiments”.
Nadeem had been booked last year by the Barabanki police under section 153 (A) of the Indian Penal Code after he made some objectionable remarks against the foundation laying ceremony for the construction of the Ayodhya temple.
“The fundamental right to freedom of speech and expression in a secular state is not an absolute license to injure and hurt the religious feelings and faiths and beliefs of fellow citizens,” ruled Justice C D Singh, dismissing Nadeem’s bail plea. “A person who takes the risk of dissemination of blasphemous messages is not entitled to get the discretion of the court exercised in his favour,” the judge added.
The court passed the order on an anticipatory bail application filed on behalf of the accused.
Opposing the plea, the government counsel Rajesh Kumar Singh argued that the allegations of the FIR against the accused were far too serious. “On earlier occasions also, the accused was involved in committing similar offences and he is habituated to disturbing harmony of the society by spreading hatred between the two communities,” added Singh.
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