[S. 153(B) IPC] Praying For Departed Militant Does Not Amount To Instigating Community To Protest: Himachal Pradesh High Court [Read More]

The Himachal Pradesh High Court, through Justice Sandeep Sharma, quashed an FIR against student Tahseen Gul under Section 153(B) of the IPC, ruling that praying for a deceased militant does not constitute incitement to protest or promote enmity. \r

The case stemmed from Gul's Facebook post where he expressed grief for the militant without urging protests. Counsel argued the post did not glorify terrorism or spark societal discord. The court emphasized that Section 153(B) requires explicit intent to propagate hatred among groups, absent in Gul's post. \r

Referring to legal precedents, including the Supreme Court's stance on dissent not equating to criminality, the court concluded that the FIR's continuation post-investigation was an abuse of process, warranting its quashing under Section 482 CrPC.