Himachal HC grants bail to Paonta Sahib vendor in AI-Image ‘Sedition case’
Photo used for indicative purpose only. Source internet
Shimla, Aug 22,
The Himachal Pradesh High Court has granted regular bail to Suleman, a fruit vendor from Paonta Sahib, arrested for allegedly sharing an AI-generated image of the Prime Minister with the slogan “Pakistan Zindabad” on social media.
Justice Rakesh Kainthla, while pronouncing the order on Tuesday, observed that “merely praising a foreign country, without denouncing one’s own, does not amount to sedition or incitement of violence.” The court held that, at this stage, there was insufficient material to establish a prima facie case under Section 152 of the Bhartiya Nayay Sanhita (BNS), which replaces the earlier sedition law.
The court also referred to earlier Supreme Court rulings — Vinod Dua v. Union of India and Balwant Singh v. State of Punjab — which emphasised that incitement to violence or disturbance of public order is an essential ingredient of such offences.
Suleman, a resident of Paonta Sahib for more than two decades, was arrested on June 8 following an FIR lodged on May 27. The prosecution alleged that his Facebook post was inflammatory, while the defence contended that Suleman, being illiterate, could not operate his account. His son had created the account, and the controversial post was allegedly uploaded by the complainant, who had access to Suleman’s phone amid a financial dispute.
Noting that the charge sheet had been filed and the accused’s mobile phone seized for forensic examination, the court found that further custodial interrogation was unnecessary. Suleman was granted bail on a personal bond of Rs 50,000, with conditions including surrender of passport, regular attendance during trial, and disclosure of mobile and social media details.
The court warned that violation of these conditions would invite cancellation of bail.
While limited to bail proceedings, the High Court’s observations reflect judicial consistency with the Supreme Court’s view that criticism or isolated slogans, in the absence of violent incitement, do not by themselves attract sedition provisions under the BNS.
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