Allahabad High Court Grants Bail in 'Pakistan Zindabad' Social Media Case
The Allahabad High Court has granted bail to a man who was arrested in May last year for allegedly posting 'Pakistan Zindabad' on his Instagram account. The arrest followed the Pahalgam terror attack, which resulted in the tragic loss of 26 lives. The court's decision came with stringent conditions aimed at preventing any further actions that could harm the nation's reputation.
Strict Conditions Imposed by the Court
While granting bail, Justice Arun Singh Deshwal imposed significant restrictions on the petitioner, identified as Faizan. The court explicitly restrained him from uploading any content on social media that could be deemed against the reputation of India. Justice Deshwal issued a stern warning, stating that any breach of these conditions would serve as grounds for the immediate cancellation of bail.
Legal Arguments and Proceedings
The accused was booked by Etah police under various sections of the Bharatiya Nyaya Sanhita (BNS) at the Jalesar police station in Etah district. During the court proceedings, Faizan's counsel argued that while the post might have been objectionable, it did not meet the criteria for Section 152 of the BNS, which pertains to acts endangering the sovereignty, unity, and integrity of India.
"Merely supporting an enemy country will not itself come under the purview of Section 152 BNS," the counsel asserted, emphasizing that the post was not derogatory or disrespectful towards India. It was further submitted that Faizan had been in jail since May 3, 2025, and if granted bail, he would not misuse his liberty.
Opposition from the State and Court's Consideration
The state counsel opposed the bail application, arguing that the offence was of a serious nature. However, the High Court considered several factors in its decision:
- The nature of the offence and the evidence presented.
- The complicity of the accused in the context of the charges.
- The issue of overcrowded jails across the country.
- The heavy pendency of criminal cases before trial courts.
Balancing these elements, the court concluded that granting bail was appropriate under the circumstances, while ensuring that strict conditions were in place to safeguard national interests.
Broader Implications and Legal Context
This case highlights the ongoing legal challenges surrounding social media posts and national security. The use of BNS sections in such instances underscores the government's focus on maintaining sovereignty and integrity. The court's decision to grant bail, despite the serious nature of the allegations, reflects a nuanced approach that considers both legal principles and practical realities, such as jail overcrowding and case backlogs.
The ruling serves as a reminder of the delicate balance between freedom of expression and national security in the digital age. It also emphasizes the importance of adhering to legal standards when prosecuting cases involving social media content, ensuring that actions align with the specific provisions of the law.
