Overview

• Justice Santosh Rai’s September 25 order granted bail to Meerut resident Sajid Chaudhary, who had been jailed since May 13 over a forwarded post.
• The court held that merely posting or forwarding support for another country does not satisfy the ingredients of Section 152 of the Bharatiya Nyay Sanhita.
• The post at issue allegedly read, “Kamran Bhatti Proud of You, Pakistan Zindabad,” and the defense said the accused only forwarded it.
• Prosecutors presented no evidence that the accused made any statement undermining India’s sovereignty or urging secession or violence.
• The court noted Section 152 is a new provision without an IPC equivalent and said it should be invoked with care, adding that such posts may fall under Section 196 on promoting enmity.