Allahabad HC rejects plea to quash FIR, chargesheet over ‘anti-national’ posts against PM Modi, RSS

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Another drawback of social media, the bench stated, is the “evolution of adult videos or porn videos which are so easily accessible by minors, which is resulting in the changing behaviour of the society”.The Allahabad High Court dismissed a petition seeking quashing of an FIR and chargesheet filed for allegedly posting “anti-national and objectionable content” on social media against Prime Minister Narendra Modi and the RSS.The court stated that the applicants’ posts on Facebook amounted to a “deliberate and malicious attempt” to outrage religious feelings.A single bench of Justice Saurabh Srivastava observed in its April 29 order, “On the face of it, the conduct of the applicant in depicting the Rashtriya Swayamsevak Sangh(RSS), which is a organization rendering its services to the various sections of society with its allied organization for last 100 years, along with the Prime Minister of this country who is indirectly elected by the majority of citizen of our country who invoked their right to vote for a particular political party.”The applicants, Jubair Ansari and others, had approached the High Court seeking to quash the case lodged against them in Sonbhadra district last year under Sections 353(2) (spreading false news or rumours encouraging violence/hatred based on religion), 196(1)(a) (promoting enmity based on religion), 3(5) (acts done with common intention), 352 (provoking breach of peace) and 351(2) (criminal intimidation) of the Bharatiya Nyaya Sanhita (BNS).The petitioners also sought quashing of the chargesheet filed in court in May last year and the local court’s summons issued in November.According to the FIR, police had lodged the case against the applicants and another co-accused alleging they posted anti-national and objectionable posts against the PM with derogatory remarks. The posts were shared and circulated from the Facebook account of a Pakistani Youtuber, it was alleged.The applicants through their counsel contended that no specific date and time of the alleged incident was mentioned and that police lodged the FIR with mala fide intention and ulterior motive. The FIR is vague and without substantial evidence and is a result of a malicious intent to harass them, the applicants claimed.Story continues below this adIt was also submitted that the magistrate issued the summons taking cognisance of the chargesheet “in a mechanical manner without application of judicial mind”.The allegation stems from only a post on Facebook, they said.The Additional Government Advocate opposed the application and submitted that the entire argument made at the behest of the applicants was subject to trial and cannot be adjudicated at this stage.Noting “misuse of social media these days”, the court observed that people invariably post information and express their opinion freely and openly on social media.Story continues below this ad“Sometimes, the line is crossed when such information is posted without understanding the consequence of such instances. Sometimes the social media is misused where people post such comments which hurts the feelings of others and triggers disharmony on a large scale,” the court observed.“Social media is actually to express the views and opinions about any issues. Such rights should not be misused or overused. It is a duty or responsibility of every individual towards the society before posting anything in such social networking sites. In 2012, one of the early cases of misuse of social media came to the Government’s attention, when morphed pictures and videos of earthquake victims began to go viral on the Social Media. Miscreants were morphing these images to show that these women were Muslim victims of civil riots in Assam and Burma. This was done to provoke further riots by vested interest and it did bring a reaction,” the court added.Another drawback of social media, the bench stated, is the “evolution of adult videos or porn videos which are so easily accessible by minors, which is resulting in the changing behaviour of the society”.“At this stage it cannot be said that no offence is made out against the applicants. The assertions of false implication raised by the applicants are factual issues that requires proper adjudication by the trial court based on evidence. In proceeding u/s 528 BNSS, this Court is not inclined to hold a mini-trial. There is hardly any infirmity in the order dated November 15, 2025 passed by Additional Civil Judge, Sonbhadra and as such no case of seeking interface by this court is made out by counsel for applicants. In view of the foregoing, the application is devoid of merits and is accordingly dismissed,” the order read. Bhupendra Pandey is the Resident Editor of the Lucknow edition of The Indian Express. With decades of experience in the heart of Uttar Pradesh’s journalistic landscape, he oversees the bureau’s coverage of India’s most politically significant state. His expertise lies in navigating the complex intersections of state governance, legislative policy, and grassroots social movements. From tracking high-stakes assembly elections to analyzing administrative shifts in the Hindi heartland, Bhupendra’s reportage provides a definitive lens on the region's evolution. Authoritativeness He leads a team of seasoned reporters and investigators, ensuring that The Indian Express’ signature "Journalism of Courage" is reflected in every regional story. His leadership is central to the Lucknow bureau’s reputation for breaking stories that hold the powerful to account, making him a trusted figure for policy analysts, political scholars, and the general public seeking to understand the nuances of UP’s complex landscape. Trustworthiness & Accountability Under his stewardship, the Lucknow edition adheres to the strictest standards of factual verification and non-partisan reporting. He serves as a bridge between the local populace and the national discourse, ensuring that regional issues are elevated with accuracy and context. By prioritizing primary-source reporting and on-the-ground verification, he upholds the trust that readers have placed in the Express brand for nearly a century. ... Read MoreStay updated with the latest - Click here to follow us on Instagram© The Indian Express Pvt Ltd