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K. V. VISWANATHAN, N. KOTISWAR SINGH
Wazahat Khan – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner's request for fir consolidation and protection. (Para 1 , 2 , 3 , 4) |
| 2. notice issued to respondents and service liberty granted. (Para 5 , 6) |
| 3. temporary relief from coercive action until next hearing. (Para 7) |
| 4. order of ad-interim measure against coercive action. (Para 8) |
ORDER :
1. We have heard Mr. Dama Seshadri Naidu, learned senior counsel for the petitioner. Learned senior counsel draws attention to the prayer clause at page 64 of the Writ Petition and submits that he is pressing prayers b, c, d and e. He expressly gives up prayers a and f. Prayers b, c, d and e read as follows:
(c) Alternatively, consolidate all various complains/ FIRs arising out of the petitioner’s Tweets in social media registered/made at the behest of the State Administration, CM, Political parties, Hindu Sangathan/organization or activists and highly connected supporters of ruling political dispensations and other high profile political people, along with public and transfer to a ne
The court prioritizes the need to assess the legitimacy of FIRs filed against the petitioner, allowing for interim protection while addressing the issue of potential retaliatory motives.
The court holds that writ petitions cannot compel FIR registration when adequate remedies under criminal law exist.
Point of Law : High Court should not foreclose itself from the exercise of powers when a citizen has been arbitrarily deprived of personal liberty in the exercise of State powers, apart from other pa....
The High Court emphasized the need for strict compliance with the Supreme Court's directions regarding the uploading of FIRs and the exercise of power to prevent the abuse of process of court.
(1) Existence of power of arrest must be distinguished from exercise of power of arrest – Exercise of power of arrest must be pursued sparingly.(2) Courts while imposing bail conditions must balance ....
The court held that the intent behind tweets must be assessed carefully, and freedom of speech is subject to reasonable restrictions to maintain public order and national integrity.
Posting of offensive Tweet – Freedom of speech encompasses right to dissent, critique and express political discontent and criminal prosecution in matters of expression must be reserved only for case....
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