Supreme Court refuses pre-arrest bail to man accused of making objectionable facebook post against Smrit Irani.

The SC refused to receive a facebook post petition from a man who requested anticipatory bail in an FIR registered by UP police with allegedly offensive comments against Union Minister Smriti Irani.

The court composed of Judges Sanjat Kishan Kaul and Hemant Gupta refused to comply with a Shaharyar Ali’s petition after which the applicant decided to withdraw.

As a result, the withdrawal request was rejected. The court gave the petitioner two weeks to surrender and ask for regular bail. He filed a complaint with the SC against the decision of the Allahabad HC on May 25 to dismiss his bail request.

After BJP members filed a complaint, FIR has been registered with the Ramgarh Police Station in Firozabad District in accordance with sec 505 (2) of the IPC and sec 67A of the IT Act. Smriti Irani incited hostility between communities and is obscene in nature.

Before the Allahabad HC, the petitioner complained that his Facebook account was hacked and the offensive content was posted without his knowledge, but the SC denied this argument, nothing that he later apologized by posting it.

The court also preliminarily determined that the content of the publication may encourage hostility among the communities.

“Given that the plaintiff is a senior lecturer and department head of the university, on the surface, this behavior does not enable him to obtain advance payment”, the HC ruled.

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