Image Courtesy:dnaindia.com
On June 7, 2022, Ahmedabad’s Sessions Court rejected the anticipatory bail application filed by Filmmaker Avinash Das under Section 438 CrPC (Code of Criminal Procedure, 1973) in a case registered against him for sharing a picture of Union Home Minister Amit Shah with the recently arrested Jharkhand cadre IAS officer Pooja Singhal who was arrested by the enforcement Directorate (ED) in connection with a money laundering case. He has also been booked for sharing a picture of a woman (who appears to be nude) wearing a tricolor.
According to the Court, posting a picture of woman wearing the national flag shows the “mental perverseness” of the filmmaker and by doing this he had insulted the Indian culture as well as evoked a feeling of hatred amongst the people of the country.
The Court is of the opinion that uploading pictures clearly suggest the “mens rea” of the applicant-accused and therefore held that a picture of the Home Minister of India with I.A.S Puja Singhal was uploaded by Das only with a view to defame the Minister. The photograph when the two were together was of the year, 2017.
The Court held that the applicant-accused uploaded the outdated picture with a view to tarnish the image of the Minister as he shared the picture despite having the knowledge that it was outdated. However, what the court failed to take note of is that the caption of the photo reportedly mentioned that the photo was taken before the IAS officer’s arrest as confirmed by the Ahmedabad Crime Branch officials.
In its order dated June 7, 2022, the court stated, “It is important to note that the present applicant-accused knows the law better than the common man and as per the application, it appears that he is a film-maker, so it is his prime duty to maintain dignity of the country and to give respect to national flag as well as Hon’ble Home Minister of India but he has willfully uploaded the same on social media.”
Equating the mere act of uploading a picture of a minister with an accused in the money laundering case with that of cyber crime, the court held, “If the applicant-accused is granted anticipatory bail then, it will accelerate the Cybercrimes in the nation and will encourage to such persons to involve in such type of offence of insulting national honour as well as insult to the country’s national symbols, including national flag as well as impair the image of Union Home Minister of India. “
On May 14, 2022, the Ahmedabad Police booked filmmaker Avinash Das allegedly for sharing a picture of Union Home Minister Amit Shah with the recently arrested Jharkhand cadre IAS officer Pooja Singhal. Singhal was arrested by the Enforcement Directorate (ED) in connection with a money laundering case.
Das is a critically acclaimed filmmaker who made “Anaarkali of Aarah”. Now he has been booked under under IPC Section 469 IPC (Forgery for purpose of harming reputation), Section 2 of the Prevention of Insults to National Honour Act and Section 67 of Information Technology Act.
The Enforcement Directorate had arrested IAS officer Pooja Singhal on charges of money laundering. The videos of cash seized from her house by officials had also gone viral on social media.
A copy of the order may be read here:
Related:
Filmmaker Avinash Das booked for sharing picture of Amit Shah with arrested IAS officer Pooja Singhal
Ahmedabad: ‘Derogatory’ posts on WhatsApp land teacher in trouble
Over half of Karnataka’s children stunted and anaemic: NFHS
Women and children targeted at public toilets, Mumbai POCSO Court suggests appointing women security guards