On Monday, the High Court partially suspended the order of the Kerala High Court that prohibited former BSNL employee Rehana Fathima from posting, transmitting, sharing, uploading or disseminating any material or comment through any visual and electronic public medium, but ordered a ban on her from spreading any comment. that may affect religious feelings will continue.
A bench headed by Judge RF Nariman was listening to his appeal against HC’s order of November 23 last year, which came in the wake of a case about a kitchen video he had uploaded in which he “repeatedly” referred to the meat used in the recipe. I eat “gomatha” meat. The case arose while he was free on bail in a case of hurting religious feelings in 2018 by uploading “photographs in which he was exposed in sexually implicit positions complemented with derogatory materials that refer to Mr. Ayyappa of Sabarimala.” The HC had initially rejected his advance bond in the 2018 case, holding that his actions “prima facie appeared to have the propensity to hurt the religious feelings of devotees …” and that “it did not appear to be inadvertent or innocuous …”
Later, she was arrested and when granting bail, the HC ordered that “you may not, directly or indirectly or through any other person, through printed, visual or other electronic means, make, share, forward, disseminate or propagating any comment affecting or has the propensity to affect the religious feelings or sentiments of any community or group or society ”.
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The complaint filed after the cooking program alleged that he had violated bail conditions imposed in 2018. A single magistrate of Magistrate Sunil P Thomas, who heard the matter, concluded that “there is no controversy that the defendant had raised a video to social networks subtitled as ‘Gomatha Ularthu’ representing herself preparing the above food and that the term ‘Gomatha’ was used repeatedly to refer to the meat used to prepare the food ”. The court said it is up to the investigation to find out whether the act constituted a crime under article 153 (causing wanton provocation with the intention of causing disturbances, if disturbances are committed, if not) of the IPC and proceeded to examine whether there was any circumvented the bond condition established by him.
“There can be no dispute that the term ‘Gomatha’, as it is commonly understood, refers to the holy or holy cow. The scriptures cited by the complainant show that, since the Vedic period, the cow is worshiped as holy as deities in India. If several thousand Hindus throughout the country believe so, definitely, the use of the term Gomatha as a synonym for meat that is used in [the] Cooking show, prima facie is likely to hurt the religious feelings of those believers… ”said the court, concluding that she violated the condition of bail.
The HC in its order of November 23, 2020 ordered that until the end of the trial in the case on the statements of ‘Gomatha’, the “accused may not, directly or indirectly or through any other person, publish, transmit, share , upload or disseminate or publish any material or any of your comments through any visual and electronic means, open to the public. ”His order of 2018 had prevented him from disseminating content“ that may affect or have the propensity to affect, the feelings or religious feelings of any community or group or society ”.
The SC, while maintaining the condition in the 2020 order, maintained the condition in the 2018 order.
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