The army sepoy had uploaded a WhatsApp status containing obscene and abusive language directed against the former Chief Minister of Chhattisgarh Bhupesh Baghel. (File Photo)
Chhattisgarh High Court WhatsApp News: Observing that reliance on screenshots and call records concerns evidentiary assessment, the Chhattisgarh High Court has refused to quash the case against an army sepoy accused of posting abusive remarks on WhatsApp status against the former Chief Minister Bhupesh Baghel and his family.
Holding that the Army sepoy’s claim of accidental upload and mental stress involves factual disputes, Justices Ramesh Sinha and Ravindra Kumar Agrawal dismissed his plea.
“The submission regarding alleged deficiencies in the investigation, including non-seizure of electronic devices or reliance on screenshots and call detail records, also pertains to the evidentiary value of the material collected. Such aspects are matters for trial and cannot be a ground for quashing the proceedings at this stage,” the April 30 order said.
Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal said that the allegations in the FIR, if taken at face value, clearly disclose the commission of offences.
No ground for quashing case: Court
The court opined that no case was made out for the exercise of inherent jurisdiction under Section 528 BNSS, and the petitioner’s contention that the WhatsApp status was made under mental stress and was recorded by another person requires evidence.
“It prima facie appears that the petitioner had uploaded content containing abusive and derogatory remarks against a public figure and his family members on a social media platform accessible to the public at large,” the Chhattisgarh High Court said.
Advocate Shivendu Pandya, the counsel for the petitioner, submitted that the alleged statement attributed to the petitioner was made under severe mental stress.
It was submitted that the statement was recorded by another individual, and the video was subsequently forwarded to the petitioner.
Due to a technical error, the said video was inadvertently uploaded as a WhatsApp status without any deliberate intention on the part of the petitioner, Pandya said.
It was asserted that the FIR lodged against the petitioner was driven by political motives and influence, solely to gain political mileage, and the petitioner had been wrongly implicated in the present case.
The counsel contended that the only material relied upon was the call detail record (CDR) along with a certificate under Section 65B of the Indian Evidence Act.
Additionally, he argued that no primary electronic evidence, such as a pendrive, memory card, or the original device through which the alleged message was transmitted, was seized or produced.
The prosecution’s case rested merely on a screenshot contained on a single page, which lacked evidentiary value, and no incriminating material was against his client, Pandya said.
It was submitted that if the proceedings were not quashed, it would cause serious prejudice and irreparable harm to the petitioner’s career and reputation.
It was argued that the petitioner was posted in Kerala, his superior officers may not grant leave, and his inability to appear before the court would result in adverse orders being passed against him.
Serious allegations
Deputy Government Advocate Vaishali Mahilang, appearing for the state, opposed the submissions made by the petitioner and submitted that the allegations against him are serious in nature.
She contended that the petitioner had used abusive and derogatory language against a public figure and had circulated the same through a widely accessible social media platform (WhatsApp), thereby disturbing public order and tranquillity.
It was submitted that the FIR prima facie discloses the cognisable offence, and the petition deserved to be dismissed.
Army sepoy abused Chief Minister Bhupesh Baghel
On April 28, 2023, the petitioner, who is an army sepoy, allegedly uploaded a WhatsApp status containing abusive remarks against the former Chief Minister Bhupesh Baghel, and also used abusive language towards his family members. The said status was visible to and viewed by several persons and, eventually, was noticed by a member of the Indian National Congress, who came across content relating to the Dantewada Naxalite incident.
Thereafter, he submitted a written complaint at Police Station Salhewara on April 28, 2023.
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Based on the said complaint, the police registered an FIR on April 29, 2023, against the petitioner for offences under relevant Sections of the Indian Penal Code and Section 67(Punishment for publishing or transmitting obscene material in electronic form) of the Information Technology Act, 2000.
Somya Panwar works with the Legal Desk at The Indian Express, where she covers the various High Courts across the country and the Supreme Court of India. Her writing is driven by a deep interest in how law influences society, particularly in areas of gender, feminism, and women’s rights.
She is especially drawn to stories that examine questions of equality, autonomy, and social justice through the lens of the courts. Her work aims to make complex legal developments accessible, contextual, and relevant to everyday readers, with a focus on explaining what court decisions mean beyond legal jargon and how they shape public life.
Alongside reporting, she manages the social media presence for Indian Express Legal, where she designs and curates posts using her understanding of digital trends, audience behaviour, and visual communication. Combining legal insight with strategic content design, she works on building engagement and expanding the desk’s digital reach.
Somya holds a B.A. LL.B and a Master’s degree in Journalism. Before moving fully into media, she gained experience in litigation and briefly worked in corporate, giving her reporting a strong foundation. ... Read More
Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal said that the allegations in the FIR, if taken at face value, clearly disclose the commission of offences.