A case has been filed against former secretary Bhim Upadhyaya accusing him of attacking religious faith and trying to disturb social harmony.
The district attorney's office has lodged a cyber crime case against Upadhyaya with the Kathmandu District Court on Sunday. The office has added that the case has been lodged following investigation on a complaint by Najim Bullah Ansari with the Home Ministry a few days back accusing him of spreading false claims about Tablighi Jamaat.
"A charge sheet was submitted against him to lodge a case as per the Electronic Transaction Act. It has been registered a while earlier," Registrar with the court Ananda Shrestha told Setopati.
Chief district attorney of Kathmandu Hari Regmi said the case has been filed charging Upadhyaya of making expressions in the social media that hurt religious faith and disturb social harmony. "He had apparently written in the social media sort of accusing the Muslim community of spreading coronavirus. Cyber crime has been attracted as he gave expressions in the social media in a way that angers the Muslim community, hurts religious faith and disturbs social harmony," Regmi told Setopati. "We have lodged the case as per clause 47 of the Electronic Transaction Act."
"If any person publishes or displays any material in the electronic media including computer, internet which are prohibited to publish or display by the prevailing law or which may be contrary to the public morality or decent behavior or any types of materials which may spread hate or jealousy against anyone or which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes and communities shall be liable to the punishment with the fine not exceeding One Hundred Thousand Rupees or with the imprisonment not exceeding five years or with both," clause 47(1) of the Electronic Transaction Act states.
The office has demanded a sentence of up to five years or a fine of Rs 100,000 or both in the case against Upadhyaya.
The charge sheet adds that Upadhyaya has also made disparaging remarks against Prime Minister KP Sharma Oli. "We have found during investigation that he has made disparaging remarks against Prime Minister KP Sharma Oli as wll. We have included all these things in the charge sheet," Regmi revealed.
Upadhyaya was arrested Wednesday night. Regmi claimed that he was arrested after the Home Ministry wrote to the Cyber Bureau through the Nepal Police headquarters.