The Gauhati High Court granted bail to a man accused of posting “I Love Pakistan” on Instagram following the Pahalgam terror attack, noting the need to balance national security concerns with individual rights and liberty.
The Gauhati High Court granted bail to Najibul Islam, who had been arrested for allegedly posting “I love Pakistan” on Instagram following the Pahalgam terror attack.
Justice Kalyan Rai Surana, presiding over a single-judge bench, observed that the petitioner had been in custody since May 1, 2025, and had already served nearly 70 days.
The Court concluded that further custodial interrogation was unnecessary at this point.
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Islam faced charges under Sections 152, 196(1), 197(1), 352, and 353(2) of the Bharatiya Nyaya Sanhita (BNS).
In opposition to the bail request, the Additional Public Prosecutor argued that the accused’s social media post, which seemed to support Pakistan during a time of national mourning following a terror attack allegedly linked to Pakistan, constituted a provocative act.
It was also asserted that his release could lead to possible involvement in future anti-national activities.
However, considering the duration of custody already served and the lack of need for further interrogation, the Court approved the bail application.
Islam was instructed to be released upon executing a bail bond of Rs.40,000, along with two solvent sureties of the same amount, to the satisfaction of the Sessions Judge, Bongaigaon.
The court observed that the accused was entitled to bail, especially considering the circumstances of the case and the nature of the offence.
This case is a reminder of the fine line between freedom of expression and unlawful speech, especially in the digital era.
The Allahabad High Court recently determined that simply showing support for Pakistan, without mentioning any specific incident or making disparaging comments about India, may not, at first glance, be considered an offense under Section 152 of the BNS.
Case Title: Najibul Islam vs State of Assam