Register case over ‘derogatory references’ to Hindu figures: Delhi court
Delhi Court Orders FIR in Complaint Over Social Media Posts on Hindu Figures
Bharatmorning.com – A Delhi court has ordered the Cyber Police Station in New Delhi to register a case and investigate allegations that social media user Karishma Aziz made derogatory references to Hindu religious and historical personalities in posts and videos published on X.
The direction was issued on Thursday by Chief Judicial Magistrate Mridul Gupta of Patiala House Courts after lawyer Amita Sachdeva approached the court seeking criminal action. The police have been asked to submit a compliance report within one week.
Complaint cites posts from February to April 2025
Sachdeva’s complaint concerns a sequence of online posts and videos published between February and April 2025. She alleged that the material insulted Bhagwan Shri Ram, Veer Savarkar and Chhatrapati Shivaji Maharaj, and also included remarks connected with Hinduism and the Prime Minister.
The complaint placed screenshots, video transcripts and links before the court. It sought registration of offences under Sections 196, 299 and 353 of the Bharatiya Nyaya Sanhita. These provisions deal, respectively, with promoting enmity between groups, deliberate and malicious conduct intended to offend religious feelings, and statements that may lead to public mischief.
Police had told the court during the proceedings that their inquiry viewed the material as political and historical commentary, criticism and satire. They also stated that they had found no evidence of a deliberate effort to trigger communal discord.
Court says investigation is required before conclusions
While directing registration of the case, the court made clear that it was not deciding whether Aziz was criminally liable. At this stage, the issue was whether the complaint and supporting material revealed allegations that required a formal police investigation.
“At the present stage, this court is not required to meticulously evaluate the truthfulness of the allegations or record any conclusive finding regarding criminal liability.”
The magistrate referred to the Supreme Court’s ruling in Lalita Kumari versus Government of Uttar Pradesh, which holds that police cannot decline to register a case solely by judging the reliability or credibility of information that indicates a cognisable offence.
The court noted that the complaint did not relate to one stray comment. Instead, it alleged a pattern of posts made over a period of time. That distinction, the order indicated, made it necessary for investigators to examine the complete context of the online material rather than assess individual excerpts in isolation.
Whether the content was protected political expression, satire, criticism or historical opinion—or whether it crossed into conduct punishable under criminal law—will be examined during the investigation.
Electronic evidence and account operation to be examined
The order highlighted the practical importance of a police inquiry in cases involving digital platforms. Questions about who operated the account, who authored or uploaded particular material, how widely it was circulated and what electronic records exist cannot necessarily be resolved by a private complainant.
“Determining the authorship and operation of the social media account, dissemination of the videos and posts and other electronic records would require investigative processes, with such evidence not wholly within the reach of the complainant.”
Investigators may therefore need to examine the account’s operation, the relevant posts and videos, their circulation, and associated electronic evidence. The court’s direction requires the registration of a case; it does not amount to a finding that the allegations have been proved.
Free speech protections remain part of the inquiry
The court also referred to the Supreme Court judgment in Amish Devgan versus Union of India. The decision recognizes constitutional protection for free speech while also noting that expression may carry penal consequences when it is intended to foster disharmony or is made with deliberate and malicious intent to outrage religious feelings, depending on the circumstances.
That balance is central to disputes arising from online political and religious commentary. Social media permits rapid publication and broad circulation, but legal scrutiny in such matters depends on context, language, intent and the effect alleged in a complaint. Courts must distinguish between criticism that remains within the protection of free expression and material that may meet the threshold for a criminal investigation.
In this case, the court found that the complaint disclosed cognisable offences that warranted investigation. The police inquiry will now determine the factual basis of the allegations and assess the electronic material placed before the court.
The order leaves open all questions on the merits. Aziz’s posts may ultimately be evaluated in the context of political commentary, satire, historical opinion and the specific legal provisions invoked by the complainant. For now, the Cyber Police Station has been directed to formally begin the investigative process and report its compliance to the court within a week.
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