CSW is concerned at the continued imprisonment of 76-year-old Christian leader, activist and President of the Chhattisgarh Christian Forum, Arun Pannalal, after a court rejected his bail application on 24 August, despite his initial judicial custody having been expected to end on 21 August.
Mr Pannalal was arrested at his home in Raipur, Chhattisgarh, on 7 August following a complaint over an alleged Facebook comment concerning the Hindu deity Lord Shiva. On 8 August he was given a 14-day judicial custody remand (detained under the direct authority of a judicial magistrate) and transferred to Raipur Central Jail, where he remains imprisoned.
A First Information Report (FIR), which is required for the police to open an investigation, was registered against Mr Pannalal and another individual, Hansraj Goyal, by Amit Chimnani, the Chhattisgarh State Spokesperson for India’s ruling Bharatiya Janata Party (BJP), at the Civil Lines Police Station in Raipur on 7 August. The FIR was registered under Sections 196 (promoting enmity between different groups), 299 (deliberate and malicious acts to outrage religious feeling) and 353(2) (statements conducting to public mischief – fake news and rumours) of the Bharatiya Nyaya Sanhita (Indian Penal Code).
According to the complainant, Mr Goyal had published a Facebook post concerning Lord Shiva and other Hindu deities, following which Mr Pannalal allegedly posted an objectionable comment. The complainant alleged that the comment had hurt the religious sentiments of Hindus and could increase hostility between religious communities and affect public order. Mr Goyal was arrested and remains in judicial custody.
Mr Pannalal's defence denies his authorship of the alleged comment. His lawyers told a sessions court in Raipur that the existence of a Facebook account in his name does not, by itself, establish that he was the person who created or circulated the material. They argued that technical evidence, including account information, IP and log details and electronic device data, would be required to establish who created and uploaded the content. His family has also disputed his involvement and has said that his account may have been hacked.
The court order states that investigators examined a mobile phone and found the alleged comment during their examination. The phone was subsequently seized. However, the court also noted that the investigation was incomplete and that further evidence remained to be collected. There is no independent investigation or evidence of whether Mr Pannalal authored and published the alleged comment.
On 24 August the sessions court rejected Mr Pannalal's bail application. The court cited the seriousness of the allegations, the possibility of religious tension and the fact that the investigation was still ongoing.
Mr Pannalal has been publicly involved in advocacy concerning the rights of Christians in Chhattisgarh for several years. CSW sources report that he plans to appeal to India’s High Court.
CSW’s Founder President Mervyn Thomas said: ‘The prolonged detention of Arun Pannalal based on unverified social media activity is a deeply concerning development. Denying bail while the investigation remains incomplete and without robust technical proof establishing authorship of the alleged comment raises serious questions about due process. His case is emblematic of a broader, alarming trend across India, where human rights defenders and religious minority leaders are increasingly targeted, threatened and prosecuted. We call on the Indian authorities to ensure an objective and transparent investigation into the matter and grant Mr Pannalal his freedom.’