When IO denied knowing who had taken the photograph, the court asked, “Who is in charge of the police station? Is it the Officer-in-Charge or someone else who can do whatever they want inside a police station?” “Nowadays, there have been many instances of casually using the Cow/Sanyung Thakpa or whatsoever if they disagree/hate the BJP as it appears to them/presume that BJP is Hindu Centric. But the same does not always attract Sec 295-A IPC,” said the court while granting bail to the accused.
TFM Desk
Taking serious note of the circulation of a photograph of an accused in police custody, an Imphal East court has pulled up the Manipur police and asked the Imphal East SP to do the needful. The photograph of the accused in police custody was circulated on Facebook from one account in the name of MK Asker Ali, currently MK Atif Asker Ali.
READ: Extract copy of the order passed on 09-11-2022
The accused, identified as Laishram Malemnganba, 22, of Waiton Mamang Leikai, was arrested by Heingang police following a complaint by Bharatiya Janata Yuva Morcha Manipur unit’s president Manoharmayum Barish Sharma for his Facebook post that allegedly hurts the sentiment of Hindus.
The matter came to light during the bail hearing before Chief Judicial Magistrate (CJM), Imphal East Ashem Tarunakumari Devi on November 9. When IO denied knowing who has taken the photograph, the court asked, “Who is in charge of the police station? Is it the Officer-in-Charge or someone else who can do whatever they wanted inside a police station?”
- Malemnganba was charged under various Sections of IPC, including Section 295 A, for his Facebook comment “4 yoninglaga yoni, chaninglaga chani, nawa loude, sanyung thakpa BJP party”.
In his complaint, Manoharmayum Barish Sharma alleged that Malemnganba’s comment is a “derogatory/hate speech” that has brought the BJP into the wrong light of being Hindu-centric and hurt the feeling of the BJP functionaries.
However, the court observed that India is a democratic country where people have the right to express their views and opinions freely. Article 25 of the constitution safeguards the right to freely profess, practice and propagate religion, it added.
“Nowadays, there have been many instances of casually using the Cow/Sanyung Thakpa or whatsoever if they disagree/hate the BJP as it appears to them/presume that BJP is Hindu Centric. But the same does not always attract Sec 295-A IPC,” said the court while granting bail to the accused.