Background of the Allegation
The Madhya Pradesh High Court has recently granted bail to two individuals, Wasim Khan and Yousuf Mehafooz, who were arrested following an Instagram reel expressing support for Iran amidst geopolitical developments. The complaint, lodged by Brajesh Chavariya, led to the booking of the accused under Section 196(1)(a) of the Bharatiya Nyaya Sanhita (BNS), 2023. The crux of the accusation was that their statement, "Iran ka sath dene ja rahe hai sab milkar Allahu Akbar Hindustan ka musalman na kal dara tha na ham aaj darengey" (translation: everyone together is going to support Iran. Allah is the greatest. Muslims of India were not afraid yesterday, and we will not be afraid today), allegedly promoted enmity between different groups in India.
Judicial Scrutiny of 'Promoting Enmity'
The Jabalpur Bench of the Madhya Pradesh High Court, presided over by Justice Ramkumar Choubey, meticulously examined the content of the Instagram reel. The Court's primary focus was to ascertain whether the words used by the accused truly fell within the ambit of "promoting enmity between different groups" as stipulated by the BNS. The judicial analysis underscored the necessity of a direct nexus between the statement and the intent to incite animosity based on religion, race, place of birth, residence, or language.
Ratio Decidendi and Bail Conditions
In a significant observation, the Court held that the statement, when critically analysed, merely conveyed support for a foreign nation, Iran, which was facing conflict. Justice Choubey explicitly stated, "The material placed in the case diary shows that the offence has been registered against the applicants only on the basis of material i.e. reel on Instagram in which the applicants along with others are sayings the words as mentioned hereinabove, which clearly shows that none of the content can be said to be promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., rather it is only showing a protest in favour of foreign country Iran, which is recently facing War with the United State of America."
The Court further opined that the police had proceeded to register the First Information Report (FIR) without sufficient material to constitute the alleged offense. Consequently, the bail was granted to both Wasim Khan and Yousuf Mehafooz upon furnishing a personal bond of Rs. 50,000/- each, along with one surety in the like amount. They are also required to comply with the provisions of Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, for their appearance before the trial Court.
