The Supreme Court has recently approved bail for a member of the Congress party who had been accused of using multiple fake Id's on Facebook to post offensive and disrespectful comments about the country's Prime Minister and his deceased mother.

The division bench of Justices AS Bopanna and MM Sundresh has issued a directive to the appellant, Afsalbhai Kasambhai Lakhani, instructing him not to engage in any form of social media posting, whether directly or indirectly, of a similar nature.

Solicitor General Tushar Mehta, on behalf of the Gujarat government, referred to the nature of posts put on social media by Lakhani. In response the bench said,

''We find it appropriate to grant the petitioner an opportunity to actively participate in the trial. Nevertheless, it is essential for the petitioner to refrain from making any such posts on social media, whether directly or anonymously, in the future''

"Be that as it may, having taken into consideration the fact that the High Court has also referred to these aspects of the matter and the petitioner at a later stage''

"Hence, we make it a condition for grant of relief to the petitioner and direct that the petitioner be released on bail subject to adhering to all the conditions imposed by the trial court including that he shall not put any posts of this nature on social media," bench added.

Afsalbhai Kasambhai Lakhani was arrested on January 1, 2023, in connection with an FIR filed on December 31, 2022. The FIR cited multiple sections of the Indian Penal Code, including 120 (B), 153 (A), 283 (2) (A), 294 (B), 295 (A), 298, 469, 500, 501, and 505 (2), in addition to a charge under Section 67 of the Information Technology Act.

The FIR was filed by Devubhai Khaminandbhai Gadhavi on December 31. Earlier, the High Court denied bail to Afsalbhai Kasambhai Lakhani, reasoning that his release could potentially have a significant impact on the peace and harmony within society.

The prosecutor alleged that in addition to posting offensive and disrespectful comments, the applicant had created 18 distinct Facebook pages using two different mobile phones. Furthermore, they claimed that the applicant had engaged in international phone calls with countries such as Pakistan and others, as well as receiving calls from neighboring countries.

Case Title: AFSALBHAI KASAMBHAI LAKHANI vs. THE STATE OF GUJARAT

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