Outrage in society cannot be justification to suppress free speech: Delhi court
"The social set-up, the secular thread and fraternity in democratic Indian background cannot be assumed to be so feeble that it would break or get bruised on random statements of selfish politicians," Justice Jaspal said.
FollowDelhi court on Saturday (November 12) observed that outrage in society alone cannot be a justification to suppress free speech.The court made the observation while dismissing a plea seeking a sedition case against Kerala MLA KT Jaleel for his remarks about Jammu and Kashmir on social media.
In August, Jaleel had referred to Pakistan-Occupied Kashmir as "Azad Kashmir" and Jammu and Kashmir as "India-occupied Jammu and Kashmir" in a Facebook post.
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Addressing the court, Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal said, "The court is mindful of the fact that the alleged statements of the accused are unpopular, outrages and are rather offensive…however, it must be kept in mind that the freedom of speech protects actions that the society may find very offensive."
Advocate GS Mani filed the complaint against Jaleel and had alleged that the MLA made "anti-national remarks" in his social media post.
The lawyer had sought registration of a First Information Report (FIR) against the Kerala MLA under Sections Sections 124A (sedition), 153A (promoting enmity between groups), 153B (imputations, assertions prejudicial to national integration), 504 (disturbing public peace), 505(1) (public mischief) and 505 (2) (public mischief with intent to cause, fear or alarm to the public) of the Indian Penal Code (IPC).
During the hearing, the court rejected Mani's argument that stated Jaleel's post about Jammu and Kashmir could create enmity between Hindus and Muslims.
"The social set-up, the secular thread and fraternity in democratic Indian background cannot be assumed to be so feeble that it would break or get bruised on random statements of selfish politicians," Justice Jaspal said.
"And I can proudly say the same about national integration as well," Justice Jaspal added.
The judge also stated that the post looked to have been rushed in order to gain disproportionate political mileage.
