Freedom Of Speech Doesn’t Extend To Insulting The Prime Minister: Allahabad High Court

Last Updated:July 03, 2025, 15:28 IST

Justice Arun Kumar Singh Deshwal, while dismissing the bail plea of Asharaf Khan alias Nisrat, observed that such posts go beyond criticism.

The court also pointed out that the trial judge failed to appreciate the correct definition of “sexual assault” under POCSO.

The Allahabad High Court recently denied bail to a man accused of sharing edited social media posts that mocked and disrespected Prime Minister Narendra Modi, stating that the constitutional right to free speech does not include the liberty to insult the nation’s Prime Minister.

Justice Arun Kumar Singh Deshwal, while dismissing the bail plea of Asharaf Khan alias Nisrat, observed that such posts go beyond criticism and amount to a threat to national harmony and dignity. “Freedom of speech and expression does not stretch to permit a person posting videos and other posts disrespecting the Prime Minister of India," the court ruled.

According to the prosecution, Asharaf Khan had posted heavily edited and objectionable videos on Facebook during the recent India-Pakistan conflict. One of the videos allegedly portrayed Prime Minister Narendra Modi walking beside a donkey pulling an aircraft cart. Another showed the Prime Minister seeking forgiveness from Pakistan. The posts were accompanied by captions mocking India’s military position and praising Pakistan’s armed forces. It was further shown that the Wing Commander of Indian Air Force, Ms. Vyomika Singh was sitting with Pakistan’s Army Chief. The material, authorities claimed, also included disparaging references to Defence Minister Rajnath Singh.

The state opposed the bail plea on the grounds that such content not only dishonored the country’s leadership and armed forces but also had the potential to sow discord among communities. “Such kind of post on social media creates disharmony among people of India and shows disrespect to the Indian Military," the state argued.

In defense, Asharaf’s lawyers contended that the posts were not authored or circulated by him. They argued that the material was found on his mobile phone but had originally been sent by someone named Shahrukh, who had asked others to share it further. The defense maintained that Asharaf was not involved in creating or forwarding the content and had been wrongly implicated. He has been in custody since May 13, 2025.

The court, however, was not convinced. It warned of the increasing trend of misusing social media under the pretext of free speech to attack high constitutional functionaries. “It has become a fashion among certain groups of people to misuse social media in the garb of freedom of speech and expression by making unfounded allegations against high dignitaries," the court observed.

Stressing the seriousness of targeting the Prime Minister in such a derogatory manner, the judge held that posts of this nature not only undermine the respect for constitutional offices but also encourage the separatism and endangers the sovereignty, unity and integrity of India.

Thus, rejecting the bail plea, the court concluded that the objectionable content posted by the applicant did not warrant any leniency. “This Court does not find a fit case to enlarge the applicant on bail, at this stage," the order stated.

Salil Tiwari

Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr...Read More

Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr...

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