Justice Arun Kumar Singh Deshwal was hearing a bail plea by 18-year-old Riyaz, who had been charged under Section 152 (acts endangering India's sovereignty, unity, and integrity) for posting an Instagram story stating: “Chahe jo ho jai sport to bas…Pakistan ka karenge” (“Whatever happens, we will only support Pakistan”).

In his judgment, Justice Deshwal noted that the Instagram post did not contain any expression of disrespect towards India. He stated, “Merely showing support to Pakistan without referring to any incident or mentioning the name of India will not prima facie attract the offence under Section 152 BNS.”

He clarified that for Section 152 to apply, the act must involve words, signs, or representations that promote secession, armed rebellion, or subversive activity, or that threaten India’s sovereignty. Simply expressing support for another country—even one seen as hostile—does not meet these criteria, though it may fall under Section 196 BNS (promoting enmity), which is punishable by up to seven years in prison.

The Court referred to the Supreme Court’s ruling in the Imran Pratapgarhi case, emphasizing that the interpretation of social media posts should be based on the perspective of a reasonable, strong-minded person, not someone easily offended or mentally weak.

Justice Deshwal further noted that freedom of speech under the Indian Constitution includes social media posts, and should not be narrowly interpreted unless they directly incite separatism or harm national integrity.

The defense argued that the post did not undermine India’s dignity or sovereignty and did not justify the harsh Section 152 charge. Since the charge sheet had already been filed, there was also no need for further custody.

The prosecution, however, claimed that the post encouraged separatist sentiment and opposed granting bail.

Taking into account the applicant’s young age and the completion of the police investigation, the judge granted bail with conditions: Riyaz must not try to influence witnesses, must cooperate with the trial, avoid posting inflammatory content on social media, and not commit any further offences.

Failure to follow these conditions, the Court warned, would result in the cancellation of his bail.