‘Not sedition’: Himachal Pradesh HC grants bail to street vendor arrested for sharing ‘Pakistan Zindabad’ post

The defence argued before the Himachal Pradesh High Court that Suleman, an illiterate vendor from Paonta Sahib, does not operate a social media account nor does he understand its functioning.

Written by Saurabh Parashar

August 22, 2025 02:46 PM IST

The defence counsel informed the court that the petitioner surrendered before the police on June 8 and has been in custody since then.

The Himachal Pradesh High Court has granted bail to Suleman, a street vendor from Paonta Sahib, who was arrested for allegedly sharing an image of Prime Minister Narendra Modi with the caption “Pakistan Zindabad” on social media.

Justice Rakesh Kainthla, while pronouncing the order on Tuesday, said there was no material to show that the petitioner’s act incited hatred, disaffection, or separatist tendencies against the Government of India. “The words ‘Pakistan Zindabad’ by themselves do not constitute an offence of sedition, as they neither incite armed rebellion nor promote subversive or separatist activities,” the court held.

“There is no averment in the complaint that hatred or discontent was brought towards the government established by law in India. The averments show that the words ‘Pakistan Zindabad’ were mentioned in the post. Hailing a country without denouncing the motherland does not constitute an offence of sedition… Therefore, prima facie, there is insufficient material to connect the petitioner with the commission of crime,” it said.

The case was registered at Paonta Sahib police station under Section 152 (acts that endanger the sovereignty, unity, and integrity of India) of the Bharatiya Nyaya Sanhita (BNS) on May 27 this year. The prosecution alleged that Suleman posted the controversial image, which was considered inflammatory and against national interest, on Facebook.

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However, the defence argued that the fruit vendor, who is illiterate, neither operates social media nor understands its functioning. His Facebook account was allegedly created by his son, and the informant in the case – who had access to his phone – posted the reel, it was alleged. A monetary dispute also existed between Suleman and the informant, the defence stated.

Additional Advocate General (AAG) Lokender Kutlehria, representing the prosecution, opposed the bail application and said, “The relationship between India and Pakistan was strained at the time when the post was shared and writing ‘Pakistan Zindabad’ was anti-national. Therefore, he prayed that the present bail petition be dismissed.”

The defence counsel informed the court that the petitioner surrendered before the police on June 8 and has been in custody since then. The counsel contended that the mobile phone had already been seized and sent to the State Forensic Science Laboratory (SFSL) in Junga for analysis, making further custodial interrogation unnecessary. The police had already filed a chargesheet against Suleman on August 6.

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While granting bail, Justice Kainthla observed that the continued detention of the petitioner would serve no purpose. Suleman was ordered to be released on furnishing a personal bond of Rs 50,000 with one surety of the like amount to the satisfaction of the trial court.

The bail is subject to strict conditions: the petitioner shall not threaten witnesses, influence evidence, or seek unnecessary adjournments. He must attend all trial hearings, inform authorities before leaving his residence for more than seven days and surrender his passport, if any. He must also provide his mobile and social media details to the police and court. The court said the violation of any of the conditions would empower the prosecution to seek cancellation of bail.

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