SC DISMISSES CASE AGAINST ACADEMIC FOR CRITICIZING ARTICLE 370’S ABROGATION

by | Mar 11, 2024

ASPECTS DETAILS
Case Title SC dismisses case against academic for criticizing Article 370’s abrogation.
Introduction The SC dismisses case against academic for criticizing Article 370’s abrogation and greeting Pakistan on Independence Day, emphasizing freedom of speech, democratic values, and citizens’ knowledge.
Factual Background Maharashtra Police registered an FIR against professor Javed Ahmed Hajam for posting WhatsApp messages denouncing the abrogation of Article 370 and congratulating the people of Pakistan on their Independence Day.
Legal Issues The case involved the interpretation of freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution and the application of Section 153A (promotion of communal disharmony) of the Indian Penal Code.
Applicable Law Article 19(1)(a) of the Constitution guarantees freedom of speech and expression, subject to reasonable restrictions. Section 153A of the IPC deals with promoting communal disharmony.
Analysis The Supreme Court emphasized that citizens have the right to express their opinions and extend good wishes to other countries. It stressed the importance of democratic values and the need to educate the police on freedom of speech. The court found that the appellant’s messages did not promote disharmony or ill will among religious groups.
Conclusion The court set aside the order of the Bombay High Court and quashed the FIR, stating that continuing the prosecution would be a gross abuse of the process of law.
Current Scenario The academic was cleared of charges and the case was closed. The judgment reaffirmed the importance of freedom of speech and expression.

 

CASE SUMMARY: The Supreme Court quashed an FIR against an academic for criticizing the abrogation of Article 370 and greeting Pakistan on Independence Day. The court emphasized the importance of freedom of speech and expression, democratic values, and citizens’ knowledge. It ruled that citizens have the right to express their opinions and extend good wishes to other countries, and that the appellant’s messages did not promote disharmony or ill will among religious groups. The court set aside the order of the Bombay High Court and quashed the FIR, stating that continuing the prosecution would be a gross abuse of the process of law.

SOURCE- THE ECONOMIC TIMES

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Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and , a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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