SC denies man’s request for pre-arrest bail after he was accused of making an offensive Facebook post on Smriti Irani

Supreme Court denies man's request for pre-arrest bail after he was accused of making an offensive Facebook post on Smriti Irani

The Hon’ble Supreme Court earlier this week on 9th July 2021, Friday dismissed a petition filed by a man seeking anticipatory bail in an FIR filed by the Uttar Pradesh Police Department over a Facebook post allegedly containing objectionable statements directed against the Hon’ble Union Minister Smriti Irani. 

The Hon’ble bench comprising of Hon’ble Justices Sanjat Kishan Kaul and Hemant Gupta expressed displeasure with the petition filed by one Shaharyar Ali, and the petition was dismissed. As a result, the petition was deemed withdrawn and dismissed. The petitioner was given two weeks to surrender and apply for normal bail. He had appealed to the Hon’ble Supreme Court against the Hon’ble Allahabad High Court’s dismissal of his bid for anticipatory relief on May 25. Based on a complaint from a BJP member, Ramgarh police of Firozabad district filed an FIR for violations under Section 505 (2) of the Indian Penal Code, 1860 and Section 67A of the Information Technology Act, 2000. 

The petitioner claimed that his Facebook account had been hacked and that the inappropriate content was posted without his knowledge before the Hon’ble Allahabad High Court. The Hon’ble High Court, on the other hand, rejected this argument, noting that he later apologized for the post.

The Hon’ble Court further stated that the substance of the posts has the potential to foster animosity between communities.

“In the prima facie opinion of this Hon’ble Court, the behavior of this nature prima facie does not entitle the applicant to the indulgence of anticipatory relief,” the Hon’ble High Court said, citing the fact that the applicant is a senior instructor in a college and a Head of Department.

Sneha Mukherjee
I am Sneha Mukherjee from Symbiosis Law School Noida, currently pursuing a BA.LLB. I am a self-motivated person with an optimistic approach to life and a rational brain. I love to think, analyse and articulate my opinions without fear or favour. With a keen interest in learning, growing and persevering, I take a small step each day to realise my dreams and ambitions.