In a significant ruling, the Allahabad High Court has said that a WhatsApp message can promote religious enmity even if it doesn’t explicitly mention religion. The decision came while dismissing a plea filed by Bijnor resident Afaq Ahmad, who sought to quash an FIR accusing him of spreading religious hatred through a WhatsApp message.
The Case: A Message After His Brother’s Arrest
Afaq Ahmad’s brother, Arif Ahmad, was arrested in July under charges of unlawful religious conversion, forgery, and criminal intimidation. Following the arrest, Afaq sent a WhatsApp message alleging that his brother was “framed under political pressure” and that a “boycott” of his family’s business had been called. He also expressed fear of being lynched, though the message included repeated faith in the judiciary.
Court Interprets the ‘Subtle Message’
The Allahabad High Court noted that while Afaq’s message did not directly mention religion, it implied that his brother was targeted due to belonging to a particular community. The bench of Justices J J Munir and Pramod Kumar Srivastava said these “unsaid words” and “subtle suggestions” were enough to “outrage religious feelings” and “create ill-will between communities.”
Legal and Social Implications
This ruling expands the interpretation of what constitutes promoting enmity between communities. It emphasizes that digital communication, including indirect messages, can have serious legal consequences if they are seen to carry communal undertones. The court’s stance underscores growing judicial scrutiny over social media content that might trigger tension or disrupt communal harmony.
Next Steps in the Case
While Afaq maintains his message was an emotional reaction and not hate speech, the High Court has allowed the police investigation to continue. Meanwhile, additional FIRs have been filed against his relatives, and authorities in Bijnor are expected to file a chargesheet soon.
