‘Jihadi’s sword’ post not crime: HC quashes case against FB user

Bengaluru: The Karnataka High Court has quashed criminal proceedings against a social media user over a Facebook post warning Hindus, including police and civil service officials, about an alleged threat from a “jihadi’s sword”, according to Bar and Bench.

Justice V Srishananda, hearing Atul Kumar Sabarwal v State, held that the post published through the Facebook account Hindu Samrat Dharmasene did not meet the legal requirements for offences of hurting religious feelings under Sections 295A or 505(2) of the Indian Penal Code (IPC).

"On close reading of the above ingredients, vis-à-vis the message that has been posted on the Facebook account of the petitioner named as Hindu Samrat Dharmasene, this Court does not find that the suo moto action initiated by the Badavanahalli Police Station, needs further investigation for want of necessary ingredients to attract those offences," Bar and Bench quoted the court.

The case began after a member of the police social media monitoring cell noticed the post in April. Badavanahalli Police subsequently registered an FIR, alleging that its reference to “Jihadi” was intended to offend the religious sentiments of the Muslim community.

The alleged inflammatory post read, “If the number of Jihadis increase, no law, no regulations, caste, money, and power will protect you. Be aware Hindus, your protection is in your hands. Whether you are a big police officer, or an IAS or IPS you have to retire one day. Be aware of the Jihadi's sword that will slice your neck."

In an order dated September 21, the High Court found that the essential elements of the alleged offences were absent. It held that continuing criminal proceedings without the required ingredients would amount to misuse of the legal process and quashed the case.

Advocate Madhusudhan Adiga B represented the accused, while Additional State Public Prosecutor Surya Mukundaraj appeared for the State.