Supporting Pakistan not a crime: Allahabad HC

New Delhi

The Allahabad High Court ruled that simply expressing support for Pakistan, without disrespecting India or referring to any specific incident, does not amount to a criminal offence under Section 152 of the Bharatiya Nyaya Sanhita (BNS). The judgment came while hearing the bail plea of Riyaz, an 18-year-old booked for posting an Instagram story saying, “Whatever happens, we will support only... Pakistan.”

Justice Arun Kumar Singh Deshwal noted that for Section 152 to apply, the act must promote secession, rebellion, or threaten India’s sovereignty. A mere post showing support for another country, without such intent, may fall under Section 196 BNS if it causes disharmony, but not Section 152.

Citing the Supreme Court’s ruling in the Imran Pratapgarhi case, the court emphasized applying a reasonable person standard before prosecuting social media posts under serious charges.

Riyaz’s lawyer argued that the post did not harm India’s sovereignty and that custodial interrogation was unnecessary, as the charge sheet had already been filed. The prosecution claimed the post promoted separatist thinking.

Considering Riyaz’s young age and the case details, the court granted him bail, requiring a personal bond and sureties. It directed him to avoid posting anything that may create disharmony and warned that any violation could lead to bail cancellation.