Anti-national: Allahabad High Court denies bail to 62-year-old accused of sharing ‘Pakistan Zindabad’ FB post

The Allahabad High Court recently denied bail to a 62-year-old man accused of sharing a Facebook post that stated "Pakistan Zindabad" [Ansar Ahmad Siddique v State of UP]..Justice Siddharth observed that accused Ansar Ahmad Siddique’s act was disrespectful to the Constitution and its ideals and amounts to challenging the sovereignty of India.The Court further said that such offences have become increasingly common due to judicial tolerance toward individuals with an "anti-national bent of mind"The Court added that the “anti-social and anti Indian post” also amounted to adversely affecting unity and integrity to India.“The applicant is a senior citizen and his age shows that he is born in independent India. His irresponsible and anti national conduct does not entitles him to seek protection of his right to liberty guaranteed under Article 21 of the Constitution of India,” it observed..The Court also stressed that as per Article 51-A(a), it is the duty of every citizen of India to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem and as per sub clause (c), to uphold and protect the sovereignty, unity and integrity of India..According to the prosecution, Siddique had shared a post on Facebook that made appeal for “propagating Zihad, saying Pakistan Zindabad and appealing to his brothers to support Pakistani brothers”. The post allegedly hurt national sentiments and militated against sovereignty and integrity.During the bail hearing, the counsel representing the accused said he is aged 62 years and undergoing medical treatment. However, the State said his conduct was against national interests.“Video has been posted after Srinagar carnage of 26 innocent persons and therefore it clearly proves that the applicant supports the terrorists' act also on religious grounds,” the State counsel said, while referring to the Pahalgam terror attack in Kashmir..Considering the arguments, the Court rejected the bail plea and directed the trial court to conclude the trial as expeditiously as possible.“Commission of such offences is becoming routine affair in this country because the courts are liberal and tolerant towards such acts of people with anti national bent of mind. It is not a fit case for enlarging the applicant on bail at this stage,” the single-judge said.Advocates Devesh Kumar Shukla and Dharmesh Kumar Shukla appeared for the accused..[Read Order]