'Laxman Rekha Shouldn't Be Crossed': Himachal HC Denies Pre-Arrest Bail to Doctor for FB Post on Lord Shiva, Nandi

The Himachal Pradesh High Court recently dismissed the anticipatory bail application moved by a doctor who allegedly put up an insulting post and comments on Facebook for Lord Shiva and his bull mount Nandi. The bench of Justice Virender Singh held that the accused, Nadeem Akhtar, was not a layman but an educated person who was well aware of the effect of his alleged post and comments.

“While residing in the society, it is the duty of every person to give due respect to the religious belief of other members of the society. In the name of freedom of expression, the Laxman Rekha should not be crossed,” said the single-judge bench.

The court also refuted the doctor’s claim that his Facebook account had been hacked and the post in question had been put up by the hacker. The HC highlighted that the doctor had not made any complaint to the police regarding the same.

“The applicant is having status in society and, as such, he carries more responsibility. He ought to have exercised more caution before allegedly making the comments or putting post on his Facebook account,” said the court.

The accused doctor moved the high court having apprehension of arrest in a case registered in Mehatpur, Una district, on June 3, 2023, under section 295A of the Indian Penal Code.

As per the FIR in the case, the doctor, who runs an eye hospital, had posted derogatory comments on Facebook against Bhagwaan Bhole Shankar and Shivling.

The complainant in the case had also alleged that the accused doctor was habitual of putting up such posts on his Facebook account and his acts had outraged the religious feelings of the people of the area.

Before the court, the concerned Facebook post of the doctor was also placed on record. Moreover, the police apprised the court that in protest of the accused doctor’s act, on June 5, a rally was organised in Mehatpur Bazar and the doctor’s effigy was burnt.

The HC observed that while deciding the question of bail, the court has to maintain a delicate balance between individual liberty and the larger interest of society.

Therefore, noting that the police had specifically expressed certain apprehensions, the court opined that allowing the pre-arrest bail in the case would send a wrong signal to society and it will encourage other persons to make such comments.