Calling for Peace Between India and Pakistan is Not Sedition: Himachal HC

The Himachal Pradesh High Court has held that expressing a desire to end hostilities between India and Pakistan does not amount to sedition. Justice Rakesh Kainthla made the observation while granting bail to Abhishek Singh Bhardwaj, who was accused of uploading photographs and videos of prohibited weapons and the Pakistani flag on Facebook.

Bhardwaj was also alleged to have communicated with a Pakistani national and criticised Operation Sindoor, a military operation launched by India following the Pahalgam killings in Kashmir last year. However, the Court noted that the First Information Report (FIR) contained no allegations of promoting hatred or discontent against the Government of India.

“The pen drive containing the images and the video shows that the petitioner and the other person criticised the hostilities between India and Pakistan, advocating that people of all religions stay together and that war serves no fruitful purpose. It is difficult to see how a desire for peace can amount to sedition,” the Court said.

Bhardwaj was booked under various provisions of the Bharatiya Nyaya Sanhita (BNS) after his home was searched in May this year following secret information about his social media posts. No illegal items were found, but his Facebook account revealed allegedly controversial posts and messages showing support for Khalistan. He was subsequently charged under Section 152 of BNS, which replaced the sedition provision in the Indian Penal Code.

The Court emphasised that mere posting of content, including images of prohibited weapons or slogans like ‘Khalistan Zindabad’, does not prima facie constitute any offence. “There is no evidence that these posts excited disaffection or disloyalty,” it said.

Given that a chargesheet has already been filed, the Court ordered Bhardwaj’s release on bail, observing that bail provisions should not be used to punish an individual before the proof of guilt.

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