Avinder Singh v. State of Punjab
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Avinder Singh v. State of Punjab
AIR 1979 Sc 321 at 327
Hello sir
In this case, the petitioner is alleged to be involved in the acts of sharing of seditious/communally sensitive or hateful posts on Social Media and thus committing the offence of waging or attempting or abetting the waging of War against the Govt. of India.
Some of the relevant post attributed to the Petitioner’s account undoubtedly reveals overt incitement to violence for the purpose of establishing the state of “Khalistan”. It has also been observed by the evidence placed by the State that several persons are active on the Social Media with the same objective simultaneously. Further apart from the documents presented by the State, there are Plethora of documents drawn up by way of Cyber Tracking of the Petitioner’s communications with the head of Terrorist Organization.
It was therefore safely held that the Petitioner by way of collecting ‘men’, with the intention of either waging or being prepared to wage war against the Government of India, would be liable under section 122 of the IPC, which is punishable at par with section 121-A of IPC itself, for which he is already facing trial. The punishment in such an event would extend to imprisonment for life.
For these reasons, the bail application of the petitioner is rejected.
