Penal Code, 1860 – s.153-A – When not attracted – AppellantProfessor was a member of a WhatsApp group that consisted of college teachers, students, and parents – He had put up a Whatsapp status protesting against the decision to abrogate Article 370 of the Constitution of India; and a picture containing “Chand” and below that the words “14th August-Happy Independence Day Pakistan” were written – FIR registered against the appellant for offence punishable u/s.153-A – Allegation of commission of offence based on his WhatsApp status – High Court dismissed the writ petition filed by the appellant for quashing the FIR – Correctness: Held: “Intention” as an essential ingredient of offence u/s.153-A– Alleged objectionable words or expressions used by the appellant cannot promote disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities – WhatsApp status of the appellant had a photograph of two barbed wires below which it was mentioned “August 5- Black Day- Jammu & Kashmir” – This was an expression of his individual view and his reaction to the abrogation of Article 370 – It does not reflect any intention to do something prohibited u/s.153-A – At best, it was a protest, which is a part of his freedom of speech and expression guaranteed by Article 19(1)(a) – Describing the day the abrogation happened as a “Black Day” was an expression of protest and anguish – Further, the appellant had posted that “Article 370 was abrogated, we are not happy”– He intended to criticise the action of the abrogation of Article 370 – He had expressed unhappiness over the act of abrogation – The aforesaid words do not refer to any religion, race, place of birth, residence, language, caste or community – It was a simple protest against the decision to abrogate Article 370 – If every criticism or protest of the actions of the State is to be held as an offence u/s.153-A, democracy, an essential feature of the Constitution of India, will not survive – The right to dissent in a legitimate and lawful manner is an integral part of the rights guaranteed u/Article 19(1)(a) – Effect of the words used by the appellant on his WhatsApp status will have to be judged from the standards of reasonable women and men – The test to be applied is not the effect of the words on some individuals with weak minds or who see a danger in every hostile point of view – The test is of the general impact of the utterances on reasonable people who are significant in numbers– Merely because a few individuals may develop hatred or ill will, it will not be sufficient to attract clause (a) of sub-sec.
(1) of s.153-A– Also, the picture containing “Chand” and below that the words “14th August-Happy Independence Day Pakistan”, will not attract clause (a) of sub-sec.(1) of s.153-A – Nothing wrong with a citizen of India extending good wishes to the citizens of Pakistan on 14th August, their Independence Day – It’s a gesture of goodwill – It cannot be said that such acts will tend to create disharmony or feelings of enmity, hatred or ill-will between different religious groups – Clause (b) of sub-sec.(1) of s.153-A not attracted – Impugned judgment and FIR, quashed. [Paras 10, 9, 11, 12, 14, 15]
Constitution of India – Articles 19, 21 – Right to dissent, a part of the right to lead a dignified and meaningful life guaranteed by Article 21 – Police to be sensitised about the democratic values enshrined in the Constitution: Held: Right to dissent in a lawful manner must be treated as a part of the right to lead a dignified and meaningful life guaranteed by Article 21 – But the protest or dissent must be within four corners of the modes permissible in a democratic set-up – It is subject to reasonable restrictions imposed in accordance with clause (2) of Article 19 – In the present case, the appellant did not at all cross the line – Now, the time has come to enlighten and educate the police machinery on the concept of freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution and the extent of reasonable restraint on their free speech and expression – They must be sensitised about the democratic values enshrined in the Constitution. [Paras 10, 13]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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