Delhi High Court Grants Anticipatory Bail to Ajaz Khan in Cyber Abuse Case
Court Highlights Responsibility of Social Media Influencers; Petitioner to Cooperate with Investigation
In a significant ruling, the Delhi High Court has granted anticipatory bail to actor Ajaz Khan, accused of online gender-based abuse and digital defamation. The judgment, delivered by Justice Ravinder Dudeja, underscores the balance between freedom of speech and the dignity of individuals, particularly in the realm of social media influence.
Ajaz Khan faced charges under Section 79 of the Bharatiya Nyaya Sanhita, 2023, and Section 67 of the Information Technology Act, 2000, following allegations of making sexually explicit and threatening remarks in videos targeting a complainant and her daughter. The complainant is the mother of popular Indian YouTuber Harsh Beniwal. The court noted that the relevant digital devices involved in the case are already in custody with the Bombay Police, negating the need for custodial interrogation.
Justice Dudeja emphasized the principle of "bail not jail," stating that the apprehension of non-cooperation by the petitioner cannot override this principle. Khan has undertaken to cooperate with the investigation and provide voice samples, which the court found sufficient to grant bail with conditions.
The court's judgment also highlighted the responsibility of social media influencers to exercise caution while uploading content, noting the potential impact on a large audience. It stressed that the freedom of speech and expression under Article 19 of the Constitution must be balanced with respect for dignity and should not cross into insult, humiliation, or incitement.
Ajaz Khan's legal team argued that the videos in question were retaliatory responses to derogatory remarks made by Harsh Beniwal in a parody video. Despite previous non-compliance with investigation notices, Khan cited personal emergencies and ongoing legal matters in Mumbai as reasons for his absence from the Delhi investigation.
The court imposed several conditions for the anticipatory bail, including cooperation with the investigation, surrendering his passport, and maintaining operational communication with the investigating officers. Khan is also required to provide voice samples and surrender his mobile phone once retrieved from the Bombay Police.
Justice Dudeja's judgment serves as a reminder of the delicate balance between free expression and social responsibility, especially for those wielding significant influence in digital spaces. The decision concludes by cautioning users of social media platforms to consider the broader implications of their online content.
Bottom Line:
Anticipatory bail granted to the petitioner accused of online gender-based abuse and digital defamation under Section 79 of Bharatiya Nyaya Sanhita, 2023 and section 67 of the Information Technology Act, 2000, considering absence of custodial interrogation necessity and petitioner's willingness to cooperate.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482, Bharatiya Nyaya Sanhita, 2023 Section 79, Information Technology Act, 2000 Section 67
Ajaz Khan v. State NCT of Delhi, (Delhi) : Law Finder Doc Id # 2791736
