Prayagraj, 09 October: The Allahabad High Court has said that freedom of expression is not unlimited, but there are some restrictions. No one has the right to hurt the religious sentiments of others in the name of freedom of expression.
In the case of obscene remarks in social media against Lord Rama and Lord Krishna, the court said that India is incomplete without Ram. It is necessary to respect the great men and culture of the country in which you are living. Whether one believes in God or not, they have no right to hurt anyone’s faith.
The court said that our culture has been of Vasudhaiv Kutumbakam. We are the people who wish “Sarve Bhavantu Sukhinah, Sarve Santu Niramayah, Sarve Bhadrani Pashyantu, Maa Kashchit Dukh Bhavet.”
The court has granted conditional bail to Akash Jatav alias Surya Prakash, who made obscene remarks against Lord Rama and Lord Krishna, warning him not to commit such crimes again.
The court ruled that the petitioner is in jail for the last 10 months. The trial is not likely to be completed soon.
The Supreme Court has also said in the Dataram case that bail is a right and jail is an exception. Therefore, he should be released on bail. Justice Shekhar Kumar Yadav has given this order on the application of Akash Jatav of Hathras.
The petitioner said that on November 28, 19, someone prepared his fake ID and posted obscene posts. He is innocent and also argued that there is freedom of expression in the Constitution which cannot be considered a crime.
The public prosecutor said that the petitioner had gone to his maternal uncle’s house in Ahmedabad where he has put obscene post by putting his SIM card in the mobile phone of uncle’s son. And as soon as the FIR was registered, the mobile phone and SIM card were broken and thrown.
The court pointed out that fundamental rights have been given in the constitution. Among the same is the right to freedom of expression.
The Allahabad HC said that the constitution is very liberal. One who does not believe in religion can be an atheist. This does not give anyone the right to hurt the faith of others.
The court quoted the Supreme Court as saying that dancing with a human skull in hand cannot be allowed. This is a crime.
The court said that there is a ban on cow slaughter on Eid. Killing is a crime. The act of hurting sentiments is a non-bailable offense under the Information Technology Act. Freedom of expression is not unlimited. Security in the state, spreading rumours, spreading obscenity is not freedom of expression, but a crime.
The court further said that on the Tandav series, the court has said that there is no unlimited right of expression. Our sages have shown human beings the way to become God. Tagore ji has said that the soul of India is seen in Ramayana, Mahabharata. Ram has also been important in the life of Mahatma Gandhi. Social harmony is nowhere to be seen other than Ramayana. From eating the berries of Sabari to hugging Nishadraj, only the message of social harmony has been given.
“Karma fruit principle is described in the Bhagavad Gita. The soul is immortal. It changes its body like a cloth, as a calf finds its mother in the herd. The mind is part of the body. Only the body feels the pleasure and pain. Lord Krishna said, pay attention to the karma, leave the fruit on me. The spirit of Vasudhaiva Kutumbakam is not there in any other country,” The court added.
God comes to protect religion. God incarnates when Dharma is lost. The picture of Lord Ram Sita is also inscribed in the Indian Constitution. In such a situation, obscene remarks against Lord Ram and Lord Krishna are not pardonable. Krishna has been a devotee not only among Hindus but also among Muslims. Raskhan, Amir Khusro, Alam Sheikh, Wajid Ali Shah Nazir Akbarabadi, have been devotees of Lord Ram and Lord Krishna. Insulting Ram Krishna is an insult to the whole country.