The Allahabad High Court recently ruled that a WhatsApp message, even without explicit religious references, can promote enmity between communities through its "unsaid words" and "subtle message." On September 26, Justices J J Munir and Pramod Kumar Srivastava dismissed a petition by Afaq Ahmad from Bijnor, Uttar Pradesh, to quash an FIR accusing him of spreading religious hatred.
The court found that Afaq’s message, sent after his brother Arif’s arrest for alleged unlawful religious conversion, implied that Arif was falsely targeted due to his religious identity, potentially outraging religious sentiments and fostering communal discord. The investigation against Afaq was allowed to proceed.
The case began on July 19 when Arif was arrested following a complaint by RSS worker Sandeep Kaushik, who accused him of obscenity, breaching peace, and criminal intimidation. Kaushik further alleged Arif’s involvement in "love jihad," claiming he lured Hindu women into relationships, arranged fake passports, and trafficked them abroad. The charges against Arif were later expanded to include rape, cheating, forgery, and violations under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. Arif remains in jail.
On July 30, Afaq faced an FIR based on a WhatsApp message he sent to two individuals, expressing distress over his brother’s arrest, alleging a false case due to political pressure, and fearing a boycott of his family’s livelihood. Despite Afaq’s faith in the judiciary, the court deemed the message’s underlying tone divisive. Afaq’s lawyer argued it only reflected personal anguish, but the court upheld the FIR, citing the message’s implicit communal implications.
Separate FIRs were filed against Afaq’s brother and uncle, Sadik, the latter for allegedly claiming Arif was framed. On October 15, Kaushik justified his complaint, stating the affected woman’s family was scared. Bijnor police are nearing completion of the investigation, with a chargesheet expected soon. The Ahmad family’s shop in Chandpur was found shuttered last week.
