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No Pre Arrest Bail To Professor Accused Of Sharing Obscene Post On Smriti Irani: Allahabad HC

The accused's lawyer told the court the remarks had been shared through hacking of his Facebook ID and he has apologised for the post as well.

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Ria Das
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Obscene Facebook Post on Smriti Irani: The Allahabad High Court, on Tuesday, rejected the anticipatory bail application filed by a senior teacher in a college, Dr. Shaharyar Ali, for allegedly posting obscene material on Facebook against Union Minister Smriti Irani.

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While rejecting the plea on Tuesday, the court observed that the contents of the post may, in fact, "promote or in all likelihood (have the tendency) of promoting ill-will or hatred between different communities," Bar and Bench reported. The court said that the conduct of this kind does not entitle him to anticipatory bail. Ali is a professor in a degree college and Head of the History Department based in Firozabad, Uttar Pradesh. He was suspended last month for allegedly making derogatory comments on social media against Smriti Irani. He had allegedly shared objectionable and obscene post on Facebook.

Obscene Facebook post on Smriti Irani:  The contents of the post are indeed such which may, in fact, promote or in all likelihood of promoting ill-will or hatred between different communities, the court ruled

Ali's lawyer told the court the remarks had been shared through hacking of his Facebook ID and the accused has apologised for the post as well. According to the reports, the professor had allegedly used some "inappropriate" words against the Union Minister which had gone viral on social media. Since then, Irani's supporters had organised several protests demanding strict action against the professor.

Ali has been booked under Section 505(2) of IPC (Statements conducing to public mischief), and Section 67A of the Information Technology Act, 2000 (Punishment for publishing or transmitting obscene material in electronic form).

The Court informed the professor has posted his apology on that account, which is still being operated by him. Importantly, the Judge didn't find it to be a fit case to grant pre-arrest bail and so the application was thereby rejected, the Court remarked.

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