The Madhya Pradesh High Court has granted bail to two men, Wasim Khan and Yousuf Mehafooz, who were arrested for an Instagram reel expressing support for Iran amid the ongoing conflict in West Asia. The accused were booked on March 8, 2024, under Section 196(1)(a) of the Bharatiya Nyaya Sanhita (BNS) for allegedly promoting enmity between different groups. The police had filed the FIR based on a complaint claiming the reel featured the men saying that everyone was coming together to support Iran and stating, "Indian Muslims were not afraid yesterday, and we will not be afraid today."
In an order passed on April 9, 2026, Justice Ramkumar Choubey observed that the statement in the video merely expressed support for a foreign country and could not be interpreted as promoting enmity between different groups in India. The Court criticized the police for registering the case without "sufficient material constituting the alleged offense," noting that the case diary relied solely on the Instagram reel which lacked any inflammatory content directed at local groups.
The Court further emphasized that expressing an opinion or showing solidarity with a foreign nation in a conflict does not inherently constitute a crime under Indian penal laws unless it directly incites communal discord or violence. By granting bail, the Court signaled that digital expressions of political solidarity, even on sensitive international issues, are protected by the principles of free speech as long as they do not disrupt domestic public order.
The applicants were ordered to be released on a personal bond of ₹50,000 each with one surety of the same amount. The High Court also directed the accused to comply with the procedural provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS) during the pendency of the trial. This ruling serves as a notable precedent on the limits of using "promoting enmity" laws to police social media content related to global geopolitical events.
