Gauhati HC Denies Bail Over FB Post Supporting Pakistan, Cites Article 51A
The Gauhati High Court on Monday denied bail to a man accused of posting content on Facebook in support of Pakistani citizens and the President of Turkey, as it noted that the accused had not ‘complied’ with the fundamental duties enshrined under Article 51A of the Constitution of India.
“On a plain reading of the Facebook message, it is clear that at this juncture, the petitioner supports Pakistan, not his own country. The petitioner has not complied with the directive principles as laid down in Article 51A of the Constitution of India“, a bench of Justice parathivjyoti saikia remarked in its order.
Briefly put, Accused-Joynal Abedin is facing a trial for allegedly posting certain statements on Facebook that read:
“We are with the brother of Pakistani citizens…we will be with them in future also“.
In his alleged post, he also supported the President of Turkey, who reportedly claimed that they will be with Pakistani citizens. The prosecution alleged that the post was made at a time when India-Pakistan relations were strained.
It may be noted that he had moved the High Court after the trial court denied his bail plea on the grounds that the case was at the framing of charges stage.
After hearing both sides and perusing the accused’s alleged post, the judge noted that the accused had supported Pakistan, not his own country and thus, he had not complied with the directive principles under Article 51A.
Consequently, the Court agreed with the view taken by the Sessions Judge, Kokrajhar, and directed that the trial court must first frame charges and record statements of at least two prosecution witnesses before considering his bail application.
In related news, the Gauhati HC recently granted bail to a man accused of posting objectionable content on Facebook, including an alleged ‘open challenge’ to kill Assam Chief Minister Biswa Supper Sarma if anything happened to Pakistan.