Using Cyberspace To Vent Out Anger By Travestying PM, Key Figures Abhorrent: Allahabad HC
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- 30 Nov 2022 --
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Niyaz Ahmad Khan vs U.P that the use of cyberspace by some people to vent out their anger and frustration by travestying the Prime Minister, key figures holding the highest office in the country, or any other individual is abhorrent and it violates the right to reputation of others.
While leaving not even an iota of doubt on not just essentially preserving the most inviolable right of reputation but also according it the highest importance, the Allahabad High Court which is the biggest court not just in India but in whole of Asia most recently on February 21, 2022 in an extremely learned, laudable, landmark and latest judgment titled Niyaz Ahmad Khan vs State of U.P. and Another in 2022 LiveLaw (AB) 58 and Application U/S 482 No. 28472 of 2021 minced absolutely no words to observe that the use of cyberspace by some people to vent out their anger and frustration by travestying the Prime Minister, key figures holding the highest office in the country, or any other individual is abhorrent and it violates the right to reputation of others.
The single Judge Bench of Justice Sanjay Kumar Singh observed so while refusing to quash criminal proceedings including the charge sheet, cognizance and the summoning order passed by Additional Chief Judicial Magistrate, Sant Kabir Nagar against one Niyaz Ahmad Khan who allegedly shared morphed photos of Prime Minister Narendra Modi and Union Home Minister Amit Shah on Facebook showing Modi shaking hands with dreaded and wanted terrorist Hafiz Saeed in April 2018 and another morphed photo showing Modi and Shah feeding biscuit to dogs on whom names of news channels India TV, Aaj Tak and Zee News were written! This is an attack not just on leaders occupying highest posts like PM and Home Minister but it is also the worst mockery of our media which forms the fourth pillar of democracy which cannot be justified!
Needless to say, at a time of digital revolution when we tend to quickly share any video which we get from anywhere feeling that this will make other laugh must be extremely careful from now onwards to always ensure that we don’t fall a prey to any such act which violates the right of reputation of any eminent public figure and in the process instead ensure a fixed jail term for ourselves as we see in this case also! We see how in this case Niyaz Khan got booked under Section 67 Information Technology (Amendment) Act, 2008 and Section 500 IPC. If we are little careful on this, we can definitely save ourselves from unnecessary legal troubles as we see in this case also!
To start with, this brief, brilliant, bold and balanced judgment authored by a single Judge Bench comprising of Justice Sanjay Kumar Singh first and foremost puts forth in para 1 that:
By means of this application under Section 482 of the Code of Criminal Procedure, the applicant has invoked the inherent jurisdiction of this Court for quashing the charge-sheet dated 27.01.2020 arising out of Case Crime No. 296 of 2019, cognizance/summoning order dated 22.07.2020 and proceedings of Criminal Case No. 2887 of 2020 (State Vs. Niyaz Ahmad Khan), under Section 67 Information Technology (Amendment) Act, 2008 and Section 500 IPC, Police Station Mehndawal, District Sant Kabir Nagar pending in the court of Additional Chief Judicial Magistrate, Sant Kabir Nagar.
Briefly stated, the Bench then mentions in para 3 that:
A succinct recapitulation of the facts of the case are that on 28.11.2019, opposite party no. 2, namely, Awadesh Pandey (Senior Sub Inspector), has lodged a first information report against the applicant-Niyaz Ahmad Khan and two others, namely, Anil Sharma and Akhilesh Yadav Samarthak, which has been registered as Case Crime No. 0296 of 2019, under Section 67 Information Technology (Amendment) Act, 2008 and Section 500 IPC at Police Station Mehndawal, District Sant Kabir Nagar. The Investigating Officer after investigation submitted charge-sheet on 27.01.2020 against the applicant, on which the learned Additional Chief Judicial Magistrate, Sant Kabir Nagar took cognizance on 22.07.2020 and summoned the applicant to face trial under Section 67 Information Technology (Amendment) Act, 2008 and Section 500 IPC. The said charge-sheet and summoning order are the subject matter of challenge in the present application.
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