Himachal HC grants bail to Muslim man, rules mere saying ‘Pakistan Zindabad’ not sedition
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The Himachal Pradesh High Court has observed that hailing Pakistan Zindabad without denouncing the motherland does not constitute an offence of sedition, and while noting the petitioner’s poor status and the complainant’s mala fide intention, it granted bail to a street vendor accused of sharing an AI-generated image of Prime Minister Narendra Modi with the controversial slogan.
The Court underlined that praising another country cannot amount to sedition unless it is accompanied by denouncement of India, incitement of separatist sentiments, or encouragement of subversive activities, and found insufficient material to justify the continued detention of the accused.
The case pertained to Suleman, a fruit seller from Paonta Sahib in Himachal Pradesh, who was booked under Section 152 of the Bharatiya Nyaya Sanhita (BNS) for allegedly posting the image and slogan on social media.
The prosecution claimed the act was inflammatory and against national interest, particularly at a time when relations between India and Pakistan were tense, and the police treated the matter as a serious offence linked to sedition.
However, the defence asserted that Suleman, an illiterate street vendor, lacked the knowledge to operate social media, and it was revealed that his Facebook account had been created by his son and the post in question was actually shared from his device by the complainant, who had access to his phone.
The High Court found that there was a monetary transaction between the petitioner and the complainant which suggested the possibility of malicious intent behind the complaint, and this raised doubts about the credibility of the allegations.
It further observed that Suleman had no criminal record despite living with his family in Paonta Sahib for 24 years, and noted that he had voluntarily surrendered before the police and cooperated with the investigation.
The Court concluded that there was insufficient evidence to establish that the act amounted to sedition or that it endangered the unity and integrity of India as envisaged under Section 152 of the BNS, which traces its roots to Section 124A of the Indian Penal Code.