FACTUAL BACKGROUND

In the case of Brajesh vs State of Uttarakhand complaint made by Brajesh, the deputy district secretary of the Rashtriya Hindu Vahini in Udham Singh Nagar, on October 22, 2019, wrote a nasty message on his WhatsApp Status towards the Muslim community. A complaint was brought against him, claiming that his offensive comments and post offended the minority community’s religious sensibilities. The accused noted in the current petition that he and the complainant had reached an amicable settlement and that he had also shown regret for the offense. According to the judge’s order, the apology itself demonstrated guilt for committing the alleged act.

ISSUE

Whether the crimes committed have a much wider social impact and the potential to disrupt the nation’s fundamental secular fabric.

ANALYSIS OF THE COURT DECISION 

According to Justice Sharad Kumar Sharma, who sits as a single judge, if the crime of upsetting religious sensibilities is readily compounded, it will act as a “parasite” and devour society as a whole, leading to hostility between various religious groups. The court said, “Though the offence under section 295A appears to be very straightforward in nature, carrying a maximum sentence of three years, looking to its larger social effect on the public and community at large, this Court is not disposed to compound the same. A first information report (FIR) filed against a person accused of a crime under Section 295A of the Indian Penal Code (IPC) is therefore not being quashed by the court.