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MUMBAI: Observing that in sensitive cases, dissent and criticism must be reasoned, the Bombay high court dismissed a plea to quash an FIR against a professor who posted a status message on a WhatsApp group, saying ‘August 5 black day J&K’ along with a status that ‘Article 370 was abrogated, we are not happy’.
“It prima facie constitutes an offence under Section 153A of IPC for allegedly promoting enmity between different groups… This message (regarding Article 370) has the tendency to play with the emotions of different groups of people in India as there are strong feelings of contrasting nature about the status of J&K and, therefore, one has to tread cautiously in such a field, lest the emotions may reach up to such a level as to bring about consequences…,’’ said the HC bench in an April 10 judgment made available on Thursday.
While noting every citizen has the fundamental right to free speech and dissent is important for a healthy democracy, the HC said, “In sensitive matters, any critical words or dissenting view must be expressed after proper analysis of the whole situation and must provide for the reasons for which the critic or dissent is made.”
Kolhapur police had registered an FIR against professor Javed Hajam (26), member of a parents-teachers WhatsApp group. Between August 13-15, 2022, he created a status with two messages, the other saying, “14th August Happy Independence Day Pakistan”. Nothing derogatory was circulated nor was there any intention to promote enmity, he said. Additional public prosecutor J P Yagnik said whether even a status message had the intention to promote disharmony would have to be seen on merits.
“It prima facie constitutes an offence under Section 153A of IPC for allegedly promoting enmity between different groups… This message (regarding Article 370) has the tendency to play with the emotions of different groups of people in India as there are strong feelings of contrasting nature about the status of J&K and, therefore, one has to tread cautiously in such a field, lest the emotions may reach up to such a level as to bring about consequences…,’’ said the HC bench in an April 10 judgment made available on Thursday.
While noting every citizen has the fundamental right to free speech and dissent is important for a healthy democracy, the HC said, “In sensitive matters, any critical words or dissenting view must be expressed after proper analysis of the whole situation and must provide for the reasons for which the critic or dissent is made.”
Kolhapur police had registered an FIR against professor Javed Hajam (26), member of a parents-teachers WhatsApp group. Between August 13-15, 2022, he created a status with two messages, the other saying, “14th August Happy Independence Day Pakistan”. Nothing derogatory was circulated nor was there any intention to promote enmity, he said. Additional public prosecutor J P Yagnik said whether even a status message had the intention to promote disharmony would have to be seen on merits.
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