The accused Nongmaithem Boboy Singh was booked under section 505(2) CrPC or commenting on Facebook with intent to create enmity, hatred or ill will between different religious, racial, language or regional groups or caste or communities
TFM News Service
An Imphal court on Tuesday sent a 22-year-old man to 15-day judicial custody for ‘Modi gi thi Sengo Yenge’ comment on Facebook page of Manipur Chief Minister N Biren Singh.
As per the court order, the accused Nongmaithem Boboy Singh, son of N Saratkumar Singh of Takyel Khongbal Maning Leikai, Imphal West was arrested on September 19 for his comment, which can be roughly translated to “Clean Modi’s faeces, and we’ll watch” on a post in connection with a cleanliness drive carried out as part of prime minister Narendra Modi’s birthday on chief minister N Biren Singh’s Facebook page.
He was booked under section 505(2) CrPC or commenting in Facebook with intent to create enmity, hatred or ill will between different religious, racial, language or regional groups or caste or communities.
He was arrested 35 minutes after complainant SI Kh Rajesh Singh of Cyber Crime Unit, IW reported to the Superintendent of Police (CID/CB) and Superintendent of Police IW about the comment at 8 am.
The complainant reported that information was received from Social Media Monitoring Cell (screenshot) that one Facebook profile name “Boboy Nongmaithem” with profile URL Link:https://www. Facebook.com/boboycraze.singh” has posted a comment “Modi gi thi Sengo Yenge.” on a post having URLhttps://www.facebook.com/nbiren.singh/posts/1118856951982233?comment_id=1118861605315101.
Boboy was produced before Imphal West Chief Judicial Magistrate Y Somorjit Singh through video conference (using Jitsi Meet) with a prayer for his remand into judicial custody for 15(fifteen) days till October 5.
Granting the 15-day judicial remand, the CJM observed the comment, the accused made, is derogatory in nature and seems to show the hatred or ill-will of the accused against an elected representative of the State. “It could also be mentioned that a public figure and an elected representative of a state of his stature might have multiple followers on social media. And out of the followers some might stand for him and others might stand against him,” he added.
The CJM further observed that the accused, without contemplating the effect his comment might cause between the two classes/groups of followers, made an irresponsible and derogatory comment at the very Facebook page of the CM N Biren Singh.
“In my considered opinion, this cannot be overlooked as it may create a negative precedent and may cause more harm than good. As such, I find it proper to allow the prayer for remanding the accused into judicial custody for smooth investigation of the case,” said the CJM remanding the accused into judicial custody with direction for his production on October 5, 2021.
Objecting the remand prayer of the IO, counsel for the accused submitted that the accused has never committed any non-bailable offence in the present case and also has no intention of causing any fear or alarm in the mind of the public or to create or promote enmity, hatred or ill-will between classes.
It is submitted that he only posted his comment without any ill feeling and he has regretted the posting of the same. It is further submitted that he had also removed the said comment on the same day.
He also submitted that there is no prima facie material to justify further remand of the present accused either in judicial or police remand.