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Karnataka HC refuses anticipatory bail to WhatsApp group admin for “grievous” message

Mustafa, an admin of a WhatsApp group, in which some members allegedly shared “Pakistan Zindabad” messages has been denied anticipatory bail by the Karnataka High Court, reports LiveLaw. Mustafa’s first anticipatory bail was denied on 6 December 2018, and his second anticipatory bail was dismissed on 27 December 2018 due to “change in circumstances.” A complaint was filed by Hanumanagouda Sakragouda Nayak, because of which a Sedition case under the Section 124-A of IPC has been filed against 3 individuals - Shabbeersab, Chandpash and Mustafa (Petitioner). Either Chandpash or Shabbeersab were also alleged admins of the WhatsApp group. Nayak’s complaint stated that Shabbeersab posted his tweet of a slogan stating “Pakistan Jindabad” on 14th August 2018, and posted his photo with his nephew Chandbasha Kalkeri (unclear if Nayak’s or Shabbeersab’s nephew, the contents of the photo are also unclear) Following this, the two accused had been arrested by the Police and High Court on 13 November 2018 and their bail applications were also denied. The state alleged that the “Pakistan Zindabad” statement would provoke the public at large and raise communal violence. This act of the petitioners is akin to commission of sedition. The Court noted that the slogan’s “intention and effect when observed is grievous” and that Mustafa had also destroyed his mobile. The current status of the three group members is unclear. It is also unclear if Nayak was a part of this group and has made a complaint on the basis of what he saw or was…

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I'm a MediaNama alumna from 2015-16 (remember TinyOwl?) now back to cover e-services like food and grocery delivery, app based transport and policies, platforms and media in India.

MediaNama’s mission is to help build a digital ecosystem which is open, fair, global and competitive.

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