HP High Court: Desire for Peace, Government Criticism Not Sedition

The Himachal Pradesh High Court has granted bail to a man arrested seven months ago for sedition over a Facebook post, stating that expressing a desire for peace between India and Pakistan or criticizing the government does not constitute sedition. Justice Rakesh Kainthla's single bench emphasized that 'intention' is paramount in such cases, asserting that mere criticism or wishing for an end to hostilities does not fall under sedition unless there's an intent to incite violence, disorder, or disrupt public peace. Abhishek Singh Bhardwaj was arrested under 'Operation Sindoor' following an FIR in May 2025 (sic) for allegedly uploading images of banned weapons, a Pakistani flag, and Khalistan-sympathizer slogans on Facebook. However, the court found no weapons or objectionable material during a house search, only a mobile phone used for uploads and a pen drive containing a chat with a Pakistani national criticizing 'Operation Sindoor.' The court also clarified that no 'Khalistan Zindabad' slogans were found in his mobile data. Citing Supreme Court precedents like Kedar Nath Singh v. State of Bihar and Vinod Dua v. Union of India, the High Court reiterated that sedition requires an intent to provoke violence or disturb public order. It further noted that simply posting a slogan without violent intent is not an offense. Bhardwaj was granted bail on a bond of INR 50,000, with conditions including not tampering with evidence, attending hearings, informing police if leaving the city for more than seven days, submitting his passport, and sharing mobile/social media details.