Allahabad HC Upholds Case Against Facebook Post Targeting Prophet

The Allahabad High Court rejected a petition to dismiss criminal charges against Manish Tiwari for a Facebook post deemed offensive to the Muslim community. The court noted the deliberate and malicious nature of the post and emphasized that its jurisdiction under Section 528 BNSS is limited during the summoning stage.

The Allahabad High Court has upheld criminal proceedings against Manish Tiwari, who is accused of making a Facebook post against the Prophet Muhammad, considered offensive by the Muslim community. The court dismissed a petition seeking to quash the charges.

Justice Saurabh Srivastava remarked that the content of the post was made with deliberate and malicious intent to outrage religious sentiments. He noted that the powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, should be used sparingly, and the court is not expected to hold a 'mini-trial' during the summoning phase.

The applicant faced charges under sections of the Bharatiya Nyay Sanhita related to injuring religious feelings and spreading false information. The defense argued the comments were made by someone else using Tiwari's mobile. However, the court found no merit in these claims and ruled that the allegations require trial-based adjudication.

(With inputs from agencies.)