Skip to main content

Inciting People On Social Media Might Also Amount To Attempting To Wage War Against The Government

In Arvinder Singh @ Ghoga vs State of Punjab, the Punjab & Haryana High Court was hearing an Application for regular bail filed under Section 439 of the Cr.P.C. by Singh, a resident of Pallian Khurd in Nawanshahr, who was arrested in May, 2016. He had been charged inter alia with the offence under Section 121 (waging, or attempting to wage war, or abetting waging of war, against the Government of India) of the Indian Penal Code, along with provisions of the Unlawful Activities (Prevention) Act (UAPA), 1967.

Singh had asserted that sharing of the alleged seditious/communally sensitive or hateful posts on social media does not disclose any ingredients to establish the offence under Section 121. He had further contended that the acts of receiving money from abroad or distributing Pamphlets or sending Booklets abroad meant to convey the objective of securing “purity” or “non-servility” of the ‘Sikh Panth’ cannot render him liable for offences under the UAPA as well.

The State, on the other hand, had contended that even collecting men, and not necessarily arms and ammunition, would amount to attempting to wage a war against the Government. It submitted that this would make an offence under Section 122 (collecting arms, etc., with intention of waging war against the Government of India) of the Code, which Singh can be convicted of if the material so indicates.

Refusing to grant bail to an alleged member of terror group Babbar Khalsa International, the Punjab and Haryana High Court observed that inciting people on social media on directly accessible all over the World simultaneously, and not just in a limited crowded place might also amount to mounting an attempt at waging war against the government.

It can therefore, be safely held that the Petitioner by way of collecting ‘men’, with the intention of either waging or being prepared to wage war against the Government of India, would be liable under section 122 of the IPC, which is punishable at par with section 121-A of IPC itself, for which he is already facing trial. The punishment in such event can extend to imprisonment for life.


Comments

Most viewed this month

Valuation Report of Jewellery once made is effective for Four Assessment Years

The division Bench of the Delhi High Court in Pr.Commissioner of Wealth Tax vs. Raghu Hari Dalmia held that a valuation report made by a registered valuer once adopted shall be in effect for four assessment years unless an event has occurred whereby the value is increased or decreased. The High Court made it clear that the event of “search” under Section 132 of the Income Tax Act, 1961 cannot compel the assessee to undertake a fresh valuation.

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

Mere Agreement To Sell The Leased Property To Tenant Would Not Terminate Landlord-Tenant Relationship

In CIVIL APPEAL Nos. 1237­1238 OF 2019, Dr. H.K. Sharma vs Shri Ram Lal, the tenant had objected against the eviction suit filed by the landlord, claiming that the landlord-tenant relationship between them had ceased to exist by virtue of an agreement for sale entered between them and that he has already paid some money in advance based on the agreement. The tenant contented as the landlord-tenant relationship did not exist, the landlord cannot evict him. The matter went through various forums and finally landed before the Supreme Court in appeal. The Supreme Court referring to the judgment in Shah Mathuradas Maganlal & Co. vs. Nagappa Shankarappa Malage & Ors., held that in the instant case the lease agreement included no clauses on the fate of the tenancy. A fortiori, the parties did not intend to surrender the tenancy rights despite entering into an agreement of sale of the tenanted property. In other words, if the parties really intended to surrender their tenancy ...