SUPREME COURT OF INDIA
K.V. VISWANATHAN, NONGMEIKAPAM KOTISWAR SINGH, JJ.
Wazahat Khan – Petitioner
Versus
Union of India & Ors. – Respondents
Writ Petition (Criminal) No. 247 of 2025
Decided On : 23-06-2025
| 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 neutral State for completion of investigation.
(d) Issue a writ of prohibition from taking any coercive steps in relation to FIRs (as mentioned in prayer a) registered on the tweets in question;
(e) Grant bail and interim protection to the petitioner in respect of the FIRs (as mentioned in prayer a) wherein the petitioner has been arrested.”
2. Learned senior counsel submits that the First Information reports filed are in retaliation to the complaint filed against a social media influencer, who was arrested and has since been released on bail. To quote Mr. Naidu’s own words “he was perhaps reaping what he has sown”. Be that as it may. According to the learned senior counsel, at present following are the known First Information Reports/complaints registered against the petitioner for certain old tweets made by him:
(ii) Kolkata FIR: Complaint at Kolkata's Garden Reach Police Station by Sh. Ram Swabhiman Parishad u/s Section 196(1)(a), Section 299, Section 352, Section 353(1)(c) IPC r/w Sections 66A and 67 of the IT Act.
(iii) Assam FIR – Panbazar Cyber PS Case No. 08/25 u/s 196(2)/ 298/ 299/ 302/ 152/ 79/ 121(2) BNS r/w 67 IT Act, 2000.
(iv) Haryana FIR: PS Cyber West, Gurugram; FIR No. 202 dated 02.06.2025 under section 152/ 192/ 196(1)(b)/ 197(1)(c)/ 197(1)(d)/ 299/ 352/ 353(2) of BNS and 67 of IT Act.
(v) Delhi FIR: Two criminal complaints were lodged in New Delhi for communal provocation aimed at disturbing social harmony.
(vi) Delhi Complaint: Another complaint has been filed in Delhi by Advocate Vineet Jindal with the Delhi Police.
(vii) Mumbai FIR: An FIR has been registered at the LT Marg Police Station, Mumbai against Wazahat Khan, based on a complaint filed by Ramesh Solanki, who is IT cell president for monitoring objectionable content on social media platforms like Twitter, Facebook, and WhatsApp. According to police, Solanki reported that on December 13, 2023, Wazahat Khan, using his Twitter handle @rashidiwazahat, posted objectionable and obscene content targeting the Hindu faith and gods.”
3. The earliest FIRs, as per the knowledge of the petitioner, is at Golf Green PS Case No. 76, dated 02.06.2025 and Garden Reach PS FIR No. 170, dated 16.06.2025. Learned senior counsel also draws attention to page no. 164 of the paperbook, which, according to him, is the transcript of the apology video message given by the petitioner. In short, the learned senior counsel for the petitioner submits that his tweets were retaliatory tweets, at the relevant time.
4. Learned senior counsel also submits that the tweets have been deleted. He further submits that the FIRs span over six States. He cites a number of previous judgments/orders of this Court, wher
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.
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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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