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Bail denied to Congress leader accused of derogatory remarks against India, PM

Legally SpeakingBail denied to Congress leader accused of derogatory remarks against India, PM

The Gujarat High Court in the case observed and has denied the bail to Congress Leader Afzal Lakhani who has been accused of making ‘Anti-Indian’, and the ‘Pro-Pakistani’ Facebook posts and for posting the derogatory remarks about the Prime Minister of India, Narendra Modi and his late mother Hiraba.
The bench headed by Justice Nirzar S. Desai in the case observed and the people who stay in India must be faithful to India and on perusal of the applicant, thus, the applicant in the case had made certain comments which may hurt the sentiments of a particular community and there are certain posts which are abusive in nature and there being other materials which are of such nature which in the case may have a larger impact on the society. Further, it has been observed by the court that the person may like or dislike a person, but the same does not mean that he or she starts using derogatory and abusive language against the Prime Minister of India, Narendra Modi and his late mother Hiraba.
The court in the case also noted that the language used in those posts is so insulting and derogatory that it is not possible for this court to reproduce any of those posts in this order. On overall consideration, thus, the said court finds that the present applicant who is an Indian citizen has destabilised the peace and harmony of the society. Prima facie the posts are agenda-driven and if the court grants the bail to such person, there being chances that he may commit such offences again by creating pseudo-names and creating fake IDs.
Therefore, the allegations made before the court are that Lakhani made 18 Facebook pages wherein he used to create anti-Indian posts which are of such nature which could create communal unrest in the society and such post are not targeted against the Prime Minister but also against a particular community. It has also been alleged by the said court that he used to make international calls to Pakistan and other countries. Thus, it has also been submitted by the counsel appearing for the state that he used to post pornographic and the obscene material on social media.

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