Court says criticism of war and calls for communal harmony cannot be criminalised
TNR News Network
SHIMLA
In a significant ruling offering relief to a youth booked for alleged anti-national posts on social media, the Himachal Pradesh High Court has held that posting content critical of war or appealing for communal harmony does not amount to sedition.
Granting regular bail to Abhishek, a resident of Dehra in Kangra district, Justice Rakesh Kainthla observed that expressing a desire for peace and advocating an end to hostility cannot be construed as an attempt to incite disaffection against the country.
The court was hearing a petition filed by Abhishek, who was arrested in a case registered on May 28, 2025, under Section 152 of the Bharatiya Nyaya Sanhita (BNS). The police had accused him of uploading photographs and videos on Facebook allegedly showing prohibited weapons, posting the Pakistani flag, criticising “Operation Sindoor” and supporting Khalistan, including raising slogans such as “Khalistan Zindabad”.
However, after examining the material placed on record, the High Court noted that the chats and posts attributed to the accused reflected calls for stopping war between India and Pakistan and for people of all religions to live together in peace. The judge made it clear that criticising war or sharing posts that seek communal harmony does not fall within the ambit of sedition.
“The desire for peace and the advocacy of ending enmity cannot be said to be an act that spreads disaffection against the nation,” the court observed, underlining the distinction between unlawful activity and the expression of personal views, however unpopular they may be.
While granting bail, the High Court also took note of the fact that investigation in the case had progressed and that continued incarceration of the accused was not warranted at this stage.
The ruling is being seen as an important reaffirmation of the constitutional right to free expression, particularly in the context of social media posts, while also drawing clear limits on the misuse of stringent provisions meant to safeguard national security.
