Point of Law: It cannot be said that the assertions made in the FIR are unbelievable. In the given facts and circumstances on the record, and in view of the submissions made at the Bar.

JUDGMENT :

This petition under Section 482 Cr.P.C., 1973, read with Article 226/227 of the Constitution of India is preferred by Md. Taher Ahmed Barbhuiya of Lala Chandrapur District Hailakandi for quashing of the FIR of Lala P.S. Case No. 490/2021, U/S 120 (B)/153(A)/505(1)(c)/ 505(2) IPC R/W Section 39 of the Unlawful Activities (Prevention) Act 1967 against the petitioner.

2. It is to be mentioned here in that the aforementioned FIR has been lodged by one Saleh Ahmed Laskar, S.I. of Police of Hailakandi Police Station on 26.08.2021, alleging inter-alia amongst others that on 21.08.2021, the petitioner has uploaded one incriminating post in his Facebook Account and the same was discovered by the Social Media Cell of Hailakandi Police Station of which the complainant is one of the member. The name of the Facebook profile user is Advocate Taher Ahmed Barbhuiya having URL https://www.facebook.com/ taherahmed.barbhuiya.9. The petitioner has posted in the said post “Ek Itihash Srishti Holo, Taliban Jindabad” which means “A history has been created, long live Taliban”. It is also alleged in the FIR that the post has praised and glorified ‘Tehreek-e-Taliban’ who was in fact are terrorists and have waged prolonged violent war against a democratically elected Govt. in Afghanistan. It is also stated that they have targeted Indian citizens through violent means; committed atrocities against women & girls and provided patronage to drug trafficking and have been promoting terrorism from Afghanistan and they have also forged alliance with groups, states and interests which are bent on creating chaos and committing terrorist attack in India in order to destabilize our country. It is further alleged that the petitioner in criminal conspiracy with other like-minded persons, through his communal social media posts, is promoting enmity and disharmony on the ground of religion and communities. It is also stated that the petitioner has circulated as such toxic statements with intent to incite a community to commit offence against other class or communities and the petitioner has circulated such statement containing rumors with intent to create and promote feelings of enmity, hatred and ill will between different religious groups and communities on the ground of religion. It is further alleged that ‘Tehreek-e-Taliban’ is mentioned in the List established and maintained pursuant to Security Council Resolution 1267/1989/2253 at QDe.132(d) and it attracts provisions under UAP Act vide Entry Number 33 of the First Schedule. It is also stated that the petitioner, with the intention to further the activity of a terrorist organization, has also invited support for the terrorist organization through his social media posts.

3. Upon the said FIR, the O/C Lala P.S. has registered a Case being Lala P.S. Case No. 490/2021, U/S 120(B)/153(A)/505(1)(c)/505(2) IPC read with Section 39 of the Unlawful Activities (Prevention) Act, 1967 and endorsed DSP Headquarter Nabanita Das to investigate the same. While the investigation is in progress, the petitioner approached this Court by filing the present petition for quashing the aforementioned FIR on the following grounds:-

(i) That, he has not posted any incriminating message in his facebook account as alleged in the FIR, rather he has written a facebook post by criticizing the then situations in Afghanistan, where an Afghanistan national was seen handing over his infant to an American soldier over a high barbed wire fencing in an Airport for rescuing;

(ii) That, he criticized the Taliban and applauded the American soldier for the rescue mission;

(iii) That, he has been falsely entangled in the aforesaid police case;

(iv) That, the contents of the facebook posts as mentioned in the FIR is an edited version and manufactured and circulated in his name by some unknown persons;

(v) That, he has not deleted any of the post relating to situation in Aghanistan;

(vi) That, Section 39 of the Unlawful Activities (Prevention) Act 1967 is