Doubtful That FB Post Saying ‘Taliban Aren’t Terrorist’ Alone Would Constitute Cognizable Offence: Gauhati HC Grants Bail To UAPA Accused

The Guwahati High Court as of late allowed safeguard to an charged, Maulana Fazlul Karim Qasimi who has been booked under UAPA for supposedly communicating a see on Facebook that the “Taliban” in Afghanistan are not terrorists.

 The Seat of Equity Suman Shyam watched that it was dicey as to whether the substance of the Facebook Post alone would constitute a cognizable offence.

 Qasimi was booked beneath Areas 120(B) [Discipline of criminal trick], 153 A(1)(a) and (c), 298 (Articulating. words, etc., with consider aim to wound the devout sentiments of any individual), 505 (1)(b)(c) [Articulations conducing to open evil], 505 (2) [Articulations making or advancing animosity, scorn or ill-will between classes] of the Indian Corrective Code, 1860, and Area 39 of the Illegal Exercises (Anticipation) Correction Act, 1967 [Offense relating to bolster given to a fear based oppressor organization].

 He looked for safeguard contending that Court had as of now allowed safeguard to another candidate, wherein a comparable continuing was enrolled and the candidate was captured for communicating such an opinion.

 Having persued the case journal, the Bench allowed him safeguard on outfitting a bond of Rs.20,000/-as it watched thus:

 “From a examination of the Case Journal I discover that there’s nothing implicating against the candidate spare and but the fact that there’s a Facebook post radiating from his individual account. Indeed in case it is acknowledged that the candidate is the creator of the Facebook post, indeed at that point, within the nonattendance of other implicating materials, it is dicey as to whether, the substance thereof alone would constitute a cognizable offense. In see of the over, I am of the see that advance custodial detainment of the candidate would be uncalled for in this case.”

 In related news, the Guwahati High Court final week allowed safeguard to one Maqbool Alam booked for lauding and glorifying Tehreek-e-Taliban, i.e. a fear monger organization.

Supposedly, Alam had posted a Facebook post in which he had appeared his back towards Tehreek-e-Taliban, a psychological militant organization that locked in in a war to toss out a democratically chosen government in Afghanistan conjointly focused on Indian citizens through rough means.

 Case title – Maulana Fazlul Karim Qasimi v. State of Assam

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