NEW DELHI: “The freedom of expression of the citizens of this country cannot be suppressed by implicating them in criminal cases,” the Supreme Court said Thursday as it annulled an FIR against a veteran journalist. Patricia mukhim for allegedly creating community discord through his position.
A bench of judges L Nageswara Rao and S Ravindra Bhat said that the fervent plea made by Mukhim in his FB post for the protection of non-tribals in Meghalaya and their equality cannot, by any stretch of the imagination, be categorized as speech of hate. Analysis of his post shows that there is no case of hate speech, he said. “The disapproval of government inaction cannot be qualified as an attempt to promote hatred between different communities, he said.
The freedom of expression of the citizens of this country cannot be repressed by involving them in criminal cases, unless such speech has a tendency to affect public order, ”said the court. He said that India is a plural and multicultural society and that the promise of freedom, enunciated in the Preamble, is manifested in various provisions that describe the rights of every citizen; including the right to freedom of expression, to travel freely and to settle throughout India.
Judge Rao, who wrote the verdict on behalf of the court, said: “Sometimes, when in the legitimate exercise of such right, people travel, establish or develop a vocation in a place where they find favorable conditions, there may be resentments, especially if those citizens prosper, leading to hostility or possibly violence. ”
“In such cases, if the victims express their discontent and speak out, especially if the state authorities turn a blind eye, or delay, such expression of discontent is really a cry of anguish, of justice denied or delayed. This is exactly what appears to have happened in this case. ”
The CS said a scrutiny of the Facebook post would indicate that Mukhim’s agony was directed against the apathy displayed by the area’s CM Meghalaya, DGP and Dorbar Shnong in taking no action against the culprits who attacked the non . -Tribal youth.
“For the reasons mentioned above, the appeal is admitted and the judgment of the higher court is annulled. FIR … dated July 6, 2020 registered at the Laban police station is annulled, ”said the bank. Regarding the post written by Mukhim, it read: “Appellant referred to attacks against non-tribals in 1979. At best, the Facebook post can be understood to highlight discrimination against non-tribals in Meghalaya.”
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