The Allahabad High Court ruled that even “unsaid words” or subtle messages in WhatsApp chats can promote enmity between communities, holding that implicit or indirect expressions may still outrage religious feelings and disturb communal harmony.
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PRAYAGRAJ: In a ruling with implications for online speech, the Allahabad High Court has held that even “unsaid words” and “subtle messages” in a WhatsApp communication can amount to promoting enmity between religious communities, even if such messages do not explicitly mention religion.
The judgment came from a Division Bench of Justices J.J. Munir and Pramod Kumar Srivastava, which dismissed a petition filed by Afaq Ahmad, a resident of Bijnor, Uttar Pradesh, seeking to quash an FIR lodged against him for allegedly circulating an inflammatory message after his brother’s arrest in a religious conversion case.
Background of the Case
Afaq Ahmad’s brother, Arif, had been arrested under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. Following this, Afaq reportedly sent WhatsApp messages that, according to police, were “maliciously intended to disturb communal harmony and outrage religious feelings.”
Although the messages did not contain any direct reference to religion and were automatically deleted through WhatsApp’s timer feature, screenshots recovered from a resident became part of the evidence.
A First Information Report (FIR) was filed under Sections 299 and 353(3) of the Bharatiya Nyay Sanhita, 2023, which penalize acts promoting enmity and disturbing public tranquility.
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Arguments Before the Court
Afaq’s counsel, Advocate Syed Shahnawaz Shah, argued that the messages merely reflected Afaq’s disappointment and anguish over his brother’s arrest. He maintained that:
- The WhatsApp message contained no inflammatory language or religious reference.
- It instead conveyed faith in the judicial system and protested police action that the family believed to be unfair.
- The message was a personal expression, not an attempt to promote hatred or ill-will.
- Furthermore, Arif had already been granted bail by the trial court, lessening the grounds for continued suspicion.
Court’s Observation and Verdict
The Allahabad High Court, however, disagreed. It was observed that even though the WhatsApp message did not explicitly refer to religion, its “underlying and subtle message” suggested that Afaq’s brother was targeted for belonging to a particular religious community.
“The unsaid words in the message convey that his brother has been targeted in a false case because of his religion,” the bench noted.
The court further stated that such implications could “outrage religious feelings” and “create or promote feelings of enmity, hatred, and ill-will” between communities.
While the judges acknowledged that the offence may not fall under Section 353(3) of the Bharatiya Nyay Sanhita, they found that Section 353(2), which covers acts promoting communal disharmony, could apply.
“This is a matter which requires investigation and cannot be scuttled at an incipient stage,” the court emphasized, allowing the police to proceed with the case.
Appearance:
Counsel for Petitioners: Advocate Syed Shahnawaz Shah
Counsel for Respondents: Government Advocate
Case Title:
Afaq Ahmad vs. State of U.P. and others
CRIMINAL MISC. WRIT PETITION No. – 21834 of 2025
READ ORDER