Allahabad High Court.
Allahabad High Court Denies Bail to 62-Year-Old Accused of Posting “Pakistan Zindabad” on Facebook Post: Allahabad – The Allahabad High Court has recently denied bail to a 62-year-old man accused of sharing a Facebook post containing the slogan “Pakistan Zindabad,” holding that his “anti-national conduct” disentitles him from seeking the protection of his fundamental right to liberty under Article 21 of the Constitution.
In a stern order, Justice Siddharth of High Court of Judicature at Allahabad observed that the accused, Ansar Ahmad Siddique, displayed an act “disrespectful to the Constitution and its ideals,” which he deemed tantamount to “challenging the sovereignty of India.” The Court further remarked that such offenses are becoming “increasingly common due to judicial tolerance toward individuals with an anti-national bent of mind.”
The single-judge Bench emphasized that the “anti-social and anti-Indian post” also amounted to “adversely affecting unity and integrity of 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,” the Court stated in its order.
The Court underscored the constitutional duties of every citizen as outlined in Article 51-A(a) and (c) of the Constitution. Article 51-A(a) mandates citizens to “abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem,” while Article 51-A(c) obliges them “to uphold and protect the sovereignty, unity and integrity of India.”
According to the prosecution, Siddique had shared a Facebook post that contained an appeal for “propagating Zihad, saying Pakistan Zindabad and appealing to his brothers to support Pakistani brothers.” The prosecution argued that this post “hurt national sentiments and militated against sovereignty and integrity.”
During the bail hearing, counsel for the accused, Advocates Devesh Kumar Shukla and Dharmesh Kumar Shukla, submitted that Siddique is 62 years old and is undergoing medical treatment. However, the State strongly countered, asserting that his conduct was detrimental to national interests.
The State counsel specifically highlighted the timing of the post, stating, “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,” in an apparent reference to the Pahalgam terror attack in Kashmir.
Considering these arguments, the Court rejected the bail plea. In its ruling, Justice Siddharth 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 Court concluded, signaling a firm stance against such expressions.
