Today, On 24th July, The High Court dismissed a case concerning a controversial WhatsApp message, emphasizing that society has grown more sensitive about religious matters. The court highlighted the need to balance freedom of expression with respect for religious sentiments.
Mumbai: The Bombay High Court, on Wednesday, highlighted that people have become increasingly sensitive about religion as it quashed a case against two individuals accused of hurting religious sentiments in a WhatsApp group.
The Nagpur bench noted that due to the encryption of WhatsApp messages, they cannot be accessed by third parties, necessitating an examination of whether these messages could indeed outrage religious feelings under the Indian Penal Code.
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The court, comprising Justices Vibha Kankanwadi and Vrushali Joshi, annulled a 2017 FIR against an army soldier and a medical practitioner accused of offending religious sentiments, causing intentional insult to breach public order, and criminal intimidation.
The complainant, Shahbaz Siddiqui, alleged that Pramod Shendre and Subhash Waghe posted offensive messages about the Muslim community, questioning Prophet Mohammad and suggesting Muslims who refuse to say ‘Vande Mataram’ should move to Pakistan.
In dismissing the FIR and charge sheet, the court pointed out that since WhatsApp chats are end-to-end encrypted, only group members could see the messages. The judges emphasized the importance of mutual respect for all religions and castes in a secular and democratic society, urging people to avoid knee-jerk reactions to sensitive issues.
The bench remarked,
“People have become more sensitive about their religions nowadays and everybody wants to show how their religion/God is supreme.”
They added,
“We live in a democratic secular country where everyone should respect the religion, caste, creed, etc., of others. But, if someone claims their religion is supreme, others should not react immediately. There are appropriate ways to address such sensitive issues.”
The court observed that the police needed to prove a deliberate and malicious intent to outrage religious feelings. They stated it must be considered if a WhatsApp group chat could have the effect of outraging religious sentiments under section 295A of the Indian Penal Code.
The group in question, ‘Narkhed Ghadamodi’ (Narkhed news), included 150 to 200 members from both Hindu and Muslim communities.
Anticipating heated exchanges during political discussions, the bench noted that the police failed to identify the group’s administrator and selectively recorded statements from only four Muslim members.
The court concluded,
“We do not find even a prima facie case against the applicants. It would be unjust to require them to face trial.”
The court ruled that administrators cannot be held criminally responsible for posts by group members unless there is a specific law imposing such liability. This ruling reflects a broader trend of increasing sensitivity towards religious content and the challenges in regulating online communication.
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