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Saying 'Pakistan Zindabad’ without denouncing India is not sedition, notes Himachal High Court

Saying 'Pakistan Zindabad’ without denouncing India is not sedition, notes Himachal High Court

Saying 'Pakistan Zindabad’ without denouncing India is not sedition, notes Himachal High Court Photograph: (File Photo)

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A man shares post with ‘Pakistan Zindabad’ written as the caption, Himachal Pradesh High Court says it's not sedition if India is not denounced.

An AI-generated image shared by a fruit vendor in northern Indian state of Himachal Pradesh led to him the High Court. The case was about the content he shared on Facebook and the caption read: ‘Pakistan Zindabad’. The image featured PM Modi and the complainant claimed it was anti-national. While the Himachal Pradesh High Court said during the hearing that praising another country without denouncing India cannot amount to sedition. It further noted it does not encourage separatist activities, violence or even rebellion.

“Hailing a country without denouncing the motherland does not constitute an offence of sedition because it does not incite armed rebellion, subversive activities, or encourage feelings of separatist activities. Therefore, prima facie, there is insufficient material to connect the petitioner with the commission of crime,” the court said granting the accused bail in the case.

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The petitioner said that he isn’t adept with social media and that his son had created his account. Further highlighting that he is poor and not educated, and runs a small fruit shop in the region. Also, noting that the father and son had disagreements relating to money. Citing it could have been the son, who shared the controversial content from the father’s account.

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He contended that the vendor may have been falsely implicated and is innocent. Calls for dismissing the petition were in place as the post was shared when India and Pakistan were embroiled in cross-border fighting after the dastardly terror attack in Kashmir’s Pahalgam that claimed 26 innocent lives. The state contended that a post with ‘Pakistan Zindabad’ at such times was anti-national.

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Prashasti Satyanand Shetty

Prashasti Satyanand Shetty writes across multiple genres with a keen eye on human interest stories intertwined with social issues. In international affairs, she dives into subjects...Read More

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