In a case that harmed the mood of Hindus, the Tripura High Court has provided significant relief to the defendant. FIR was posted in a Facebook post for insulting Bhagwad Gita to harm the religious sentiments of Hindus. The high court abolished the flight information region.
On-site legal report Based on a single ruling by Chief Justice Akeel Qureshi, he made this decision. The court stated that, according to IPC Article 295A, unintentional religious insult is not a crime. Chief Justice Akeel Qureshi said: “Article 295A does not punish any attempt to insult or insult religion and religious beliefs.” It only punishes those who deliberately and maliciously offend the religious sentiments of a particular class. Or attempts to insult. “
In this case, the court held that the defendant did not act intentionally or maliciously. The court said: “Inadvertent or careless or unintentional or malicious acts that insult or devalue the religious sentiments of any class do not fall under this article.”
Judgment clause Refer to 295A. It was pointed out: “Intentional and malicious intent to harm the religious sentiments of citizens of any class of India through oral or written text, signs or visual representations or other means of this category.” Insulting or attempting to insult religion or religious belief can be sentenced to a maximum period of three years Imprisonment, or a fine or both. “
During this period, the High Court also referred to the decision of the Supreme Court’s Constitutional Court in Ramji Ramodi v. Uttar Pradesh Government.
The defendant has contacted the High Court, requesting the cancellation of the flight information region submitted last year. He told the court that the complainant had proposed his position in the wrong context, and his intention was not to offend anyone’s religious beliefs. He also stated that his position was in Bangladesh and the complainant had misunderstood this.
Another prosecutor opposed the request, saying that the position clearly indicated the intention to damage religious sentiments through derogation of the holy book. It also stated that the petitioner also showed a tendency to harm the religious beliefs of other positions.
According to Section 295A IPC, carelessly insulting religion without intentionally irritating religious persons who are not religious sentiments: Tripura High Court https://t.co/nlOe758EeD
-Real Time Law (@LiveLawIndia) March 6, 2021
But Chief Justice Akeel Qureshi rejected these arguments and said that the matter should not be examined in the context of previous posts. It also stated that his position did not convey what the complainant wanted to say.
The complainant stated that the defendant posted the sacred religious book on Facebook, calling it “Takbaji Gita”. For this reason, the defendant argued in court that his position actually meant that “Geeta is a cauldron with thugs in full bloom”.