Overview
- The division bench of Justices JJ Munir and Pramod Kumar Srivastava held on September 26 that a WhatsApp message’s implicit undertones can prima facie attract Section 353(2) of the Bharatiya Nyaya Sanhita.
- The court said the message, though not naming religion, conveyed a subtle claim that the sender’s brother was targeted for his community, and it allowed the investigation to continue.
- Bijnor police first registered an FIR against Afaq Ahmad using screenshots of the message and later filed a second FIR citing criminal intimidation and breach of peace.
- Separate cases are also on record against his brother Arif and uncle Sadik, with Arif jailed since July 19 on expanded charges including alleged unlawful religious conversion.
- A senior official said the probe is nearing completion with a chargesheet expected soon, as reporters noted the family’s Chandpur shop was found closed.