Indian Court Rules Peace Advocacy, Criticism of War Not Sedition

The Himachal Pradesh High Court has ruled that expressing a desire for peace between India and Pakistan and criticizing war does not constitute sedition. The court made these observations while granting bail to Abhishek Singh Bhardwaj, who was accused of uploading images of banned weapons and the Pakistani flag on Facebook. Bhardwaj was arrested based on an informant's tip, with allegations including sharing photos and videos of banned weapons and the Pakistani flag, contacting a Pakistani national, criticizing 'Operation Sindoor,' and raising 'Khalistan Zindabad' slogans. However, no objectionable material was recovered during his arrest. The court noted that the evidence suggested Bhardwaj criticized the ongoing tensions between India and Pakistan, opined that war is unproductive, and advocated for people of all religions to live together. Justice Rakesh Kainthla stated that wishing for peace and opposing war cannot be termed sedition, and there was no concrete evidence of intent to cause discontent or rebellion against the government. The court also clarified that merely posting a slogan, like 'Khalistan Zindabad,' without proof of inciting discontent or rebellion, is not an offense in itself. While granting bail, the court emphasized that bail provisions should not be used to punish an individual before conviction. Strict bail conditions were imposed, including not intimidating witnesses, appearing for all hearings, not changing address without informing the court and police, and submitting his passport and social media details. Any violation of these conditions could lead to the cancellation of bail.