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S. SRIMATHY
Amit Malviya – Appellant
Versus
State through,The Inspector of Police – Respondent
ORDER
The Criminal Original Petition has been filed to quash the FIR in CrimeNo.11 of 2023 for the offences punishable under sections 153, 153A and505(1)(b) IPC, 1860 on the file of the 1st respondent Police in respect of thepetitioner alone.
2. The facts of the case are that the Minister, while addressing thegathering in the aforementioned conference on 02.09.2023 had stated,
“… only a few things can be resisted. Some have to be eliminated. In thatsense, even Sanathan must be eliminated. We cannot resist mosquito, dengue, coronavirus. They must be eliminated. In that sense, even Sanathana must beeliminated...”
While drawing an analogy between diseases, such as coronavirus, dengue fever,malaria and the Sanathana Dharma and the need for their elimination. Thepetitioner / accused had replied to the said speech of the minister in his twitteraccount.
3. The case of the prosecution as stated by the defacto complainant is thatthe petitioner’s action of sharing a video featuring Mr. Udhayanidhi Stalin, the Hon’ble Minister of Youth Welfare and Sports, Government of Tamil Nadu,wherein the video captures minister Mr. Udhayanidhi Stalin attending anddelivering a speech as Special Guest at a
Hate Speech – When a hate speech is uttered by minister, petitioner opposing to said hate speech (Sanathana Dharma eradication speech) cannot be considered as crime.
Right to express one’s views is a protected and cherished right in our democracy. Merely because the point of view of Petitioner is extreme or harsh will not make it a hate speech as it is only expre....
The court emphasized the need to protect freedom of speech under Article 19(1)(a) and determined the FIR lacked basis for criminal charges under Sections 353(2) and 505(2).
Point of Law : The word 'Promote' does not imply mere describing and narrating a fact, or giving opinion, criticising the point of view or actions of another person.
The court established that mere expressions of political support do not constitute an offence under Section 153A IPC unless they promote enmity between distinct groups.
FIR quashed - Through Facebook ID, posted objectionable material - Religious sentiments - Petitioner has shared post of other person, even, contents of FIR does not, prima facie, establish alleged of....
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