Shillong Sessions Court Discharges Accused in Pro-Terror Social Media Case Over Procedural Lapses

By - Admin 21 Jan, 2026 Comments (0) 2 Mins Read

Shillong, Jan 21: The Sessions Court of East Khasi Hills, Shillong, has discharged Simon Shylla, who was accused of posting an alleged pro-terrorist comment on social media, after holding that the prosecution failed to comply with mandatory statutory procedures.

Passing the order on September 22, 2025, Sessions Judge Smt. D.R. Kharbteng ruled that the registration of the FIR and the subsequent charge sheet under Sections 113(3), 196(1)(a) and 147 of the Bharatiya Nyaya Sanhita (BNS) were legally unsustainable.

The case arose from a complaint lodged on April 24, 2025, by SI A. Bamon of Jhalupara Outpost, alleging that a Facebook user operating under the name “Man Shylla” had posted a derogatory comment purportedly praising terrorists in connection with the Pahalgam terror attack. Acting on the complaint, Lumdiengjri Police registered a case and later filed a charge sheet against Simon Shylla.

During arguments, defence counsel D.G. Pyngrope submitted that offences under Section 113(3) BNS cannot be registered without a prior decision of an officer not below the rank of Superintendent of Police, as mandated under the Explanation to Section 113(7) BNS. The defence further contended that prosecution sanction under Section 217 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) was mandatory before the court could take cognizance of offences under Sections 196 and 147 BNS.

The Investigating Officer conceded before the court that no such prior approval or prosecution sanction had been obtained either at the time of registration of the FIR or before submission of the charge sheet. Relying on Supreme Court precedents, including Ashrafkhan v. State of Gujarat, the court held that the absence of mandatory approval and sanction goes to the root of the prosecution and is not a curable defect.

The court also observed that neither the FIR nor the charge sheet reflected any decision taken by the Superintendent of Police prior to invoking Section 113 of the BNS, rendering the entire prosecution invalid.

Accordingly, the Sessions Court discharged the accused from all liabilities in the case. However, Simon Shylla was directed to execute a bail bond of ₹5,000 with one surety, undertaking to appear before a higher court if required in the event of an appeal.

The case was disposed of accordingly.