Gauhati High Court dismisses plea to quash FIR

Man booked for Facebook post 'glorifying' Tehreek-e-Taliban

STAFF REPORTER

GUWAHATI: A plea to quash an FIR registered against a man booked under the Unlawful Activities (Prevention) Act 1967 and Indian Penal Code for allegedly praising and glorifying Tehreek-e-Taliban through his Facebook post, was dismissed recently by the Gauhati High Court.

The Bench of Justice Robin Phukan was hearing a petition (Crl. Pet./607/2021) moved by Md. Taher Ahmed Barbhuiya of Lala Chandrapur in Hailakandi district. Barbhuiya had filed the petition under Section 482 Cr.P.C., 1973, read with Article 226/227 of the Constitution of India for quashing of the FIR of Lala PS Case No. 490/2021, U/S 120 (B)/153(A)/505(1)(c)/ 505(2) IPC R/W Section 39 of the Unlawful Activities (Prevention) Act 1967 against the petitioner.

The FIR had been lodged by Saleh Ahmed Laskar, SI of Police of Hailakandi Police Station on August 26, 2021, alleging that on August 21, 2021, Barbhuiya had uploaded an incriminating post in his Facebook account and the same was discovered by the Social Media Cell of Hailakandi Police Station, of which Saleh Ahmed Laskar is a member. Barbhuiya had posted 'Ek Itihash Srishti Holo, Taliban Jindabad' which means 'A history has been created, long live Taliban'. It is also alleged in the FIR that the post had praised and glorified 'Tehreek-e-Taliban', who are terrorists and have waged prolonged violent war against a democratically elected government in Afghanistan.

While the investigation was in progress, Barbhuiya approached the High Court by filing the petition for quashing the FIR on the following grounds:-

(i) That, he has not posted any incriminating message in his Facebook account as alleged in the FIR, rather he has written

a Facebook post by criticizing the then situation in Afghanistan, where an Afghanistan national was seen handing over his infant to an American soldier over a high barbed wire fencing in an Airport for rescuing;

(ii) That, he criticized the Taliban and applauded the American soldier for the rescue mission;

(iii) That, he has been falsely entangled in the aforesaid police case;

(iv) That, the contents of the Facebook posts as mentioned in the FIR is an edited version and manufactured and circulated

in his name by some unknown persons;

(v) That, he has not deleted any of the post relating to situation in Aghanistan;

(vi) That, Section 39 of the Unlawful Activities (Prevention) Act 1967 is not attracted in this case in view of the judgment of Hon'ble Supreme Court in Union of India vs. Yasmeen Mohammad Zahid @ Yasmeen.

The court observed that the FIR dated August 26, 2021, reveals that 'Tehreek-e-Taliban' is in fact a terrorist organization and it had fought prolonged violent war against a democratically-elected government in Afghanistan. It also appears that the said organization had targeted Indian citizens through violent means; committed atrocities against women and girls and provided patronage to drug trafficking and have been promoting terrorism from Afghanistan.

The court order stated, "It also appears from the FIR that the petitioner (Md. Taher Ahmed Barbhuiya) has uploaded one post in his Facebook account as 'A history has been made, long live Taliban'. It also appears that by the said post the petitioner has praised and glorified 'Tehreek-e-Taliban'. It also appears that the petitioner, through his communal social media post, has promoting enmity and disharmony on the ground of religion and communities, in criminal conspiracy with other like-minded persons." The court noted that the IO had examined several witnesses and collected sufficient materials in support of the accusation so made in the FIR.

The court underscored that it could not embark upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR/complaint at this stage, and therefore, concluded that it could not be said that the assertions made in the FIR are unbelievable.

The court order further stated, "In the given facts and circumstances on the record, and in view of the submissions made at the Bar, I am of the considered opinion that the assertions made in the FIR, in fact discloses commission of a cognizable offence by the petitioner. At this initial stage it cannot be said that the action incorporated in Clause (a), (b), and (c) of Sub-Section (1) of Section 39 of the Unlawful Activities (Prevention) Act is not done with the intention to further the activities of terrorist organization." The Bench of Justice Robin Phukan, therefore, dismissed the plea.

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