Indian Court Rules Peace Advocacy Not Sedition

The Himachal Pradesh High Court has clarified that expressing a desire for peace and an end to animosity between India and Pakistan does not constitute sedition. The observation was made by a bench led by Justice Rakesh Kainthala 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 prohibited arms and the Pakistani flag, contacting a Pakistani national, criticizing 'Operation Sindoar', and raising slogans of 'Khalistan Zindabad'. However, no incriminating materials were found during his arrest. The court noted that the evidence suggested Bhardwaj had criticized India-Pakistan tensions, opined that war yields no benefit, and advocated for people of all religions to live harmoniously. Justice Kainthala emphasized that wishing for peace and opposing war cannot be deemed sedition, and no concrete proof of intent to cause discontent or rebellion against the government was presented. Regarding the 'Khalistan Zindabad' slogan, the court stated that merely posting a slogan, without evidence of inciting discontent or rebellion, is not an offense in itself. The court also commented that bail provisions should not be used to punish individuals before conviction. Strict bail conditions were imposed, including preventing witness intimidation, evidence tampering, requiring court attendance, and prohibiting prolonged absence from his address without informing the court and police. He must also surrender his passport, if any, and provide his mobile number and social media details to the police and court, reporting any changes within five days. The court warned that any violation of bail conditions could lead to the cancellation of bail.