Posted by Prayagraj: The Allahabad High Court refused to quash a chargesheet filed against a man for mocking Hindu deity Lord Shiva in a social media post, saying that freedom of speech is not absolute.
Justice Prashant Kumar dismissed the plea filed by Owais Khan who had challenged the charge sheet filed against him for mocking Lord Shiva in a social media post and sought quashing of the proceedings against him.
Applicant posted derogatory remarks and photos of Lord Shiva on social media platform
The allegation in the First Information Report (FIR) was that Khan had posted derogatory remarks and also deliberately posted derogatory photos of Lord Shiva on social media platform with the intention of hurting the religious feelings of other community. It was further alleged that he also posted a comment that the divider on the road was treated as the Shivling and has put to ridicule, and further had used derogatory language on Hindu Society. After detailed investigation charge sheet was filed in the case in September 2022 and the trial court had taken cognizance and issued summons.
Freedom of speech not absolute, it comes with responsibilities: High Court
Justice Kumar, while dismissing Khan’s plea, said, “In a democratic society, such as ours, where freedom of speech is held in high regard, it is imperative to understand that this freedom is not absolute. It comes with responsibilities, foremost among them being the obligation to respect the sentiments and beliefs of others. The misuse of freedom of speech to denigrate or insult religious beliefs undermines the very fabric of constitutionalism and fundamental human belief upon which our society is built.”
The High Court further said that religious sentiment holds immense significance for citizens, serving as a source of solace, identity, and community cohesion and any attempt to denigrate or disparage these sentiments constitute a grave affront to the dignity and religious beliefs of individuals.
Applicant’s actions not only cause emotional distress but also undermine foundational values of our democratic society: HC
“The applicant’s actions, which seek to mock and ridicule the religious beliefs of others, not only cause emotional distress but also undermine the foundational values of our democratic society. It is incumbent upon the judiciary to send a clear message that such conduct will not be tolerated and will be met with appropriate legal consequences,” the High Court said and added, “In a society that values religious pluralism and mutual respect, it is incumbent upon individuals to exercise prudence and refrain from actions that may cause unwarranted offence or hurt the sentiments of others, particularly in matters as sensitive as religious beliefs and practices.”