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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
SANJAY DHAR
Mubeen Ahmad Shah – Appellant
Versus
UT of J&K – Respondent
ORDER(ORAL)
1. On the last date of hearing, learned counsel for the petitioner had submitted that he does not have instructions to appear in this case. Today none has appeared on behalf of the petitioner.
2. Through the medium of present petition, the petitioner has challenged FIR No..71/2020 for offences under Section 153, 153-A, 505 , 506 of IPC registered with Police Station, Ram Munshi Bagh, Srinagar.
3. As per the allegations made in the impugned FIR, the petitioner is alleged to have uploaded threatening Facebook posts against the non-locals living in Kashmir. It is also alleged in the impugned FIR that the petitioner is instigating village/Mohalla/Town Committees of Kashmir to socially boycott all those who are giving space and land to non-locals and he is instigating general public against members of the administration who are found issuing domicile certificates to non-Kashmiri/non-locals. It is further alleged that the petitioner has been uploading many objectionable posts with an intention to instigate one community against other thereby disturbing the prevailing peace.
4. The main ground urged by the petitioner in his petition for impugning the aforesaid FIR is that the cont
The court affirmed that social media posts promoting enmity and threatening violence constitute cognizable offences under IPC, justifying the FIR.
(1) Gist of offence under Section 153 A IPC is intention to promote feelings of enmity or hatred between different classes of people. Intention has to be judged primarily by language of piece of writ....
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....
For an FIR under S.505 RPC, mens rea is essential; absence of intent to create public mischief exempts the defendant.
Mens rea is an essential ingredient of offence under Section 505 RPC and as it provides a reasonable restriction on the fundamental right to freedom of speech and expression therefore the same is req....
Freedom of speech and expression, as well as the reasonable interpretation of speech in the context of political activism and public discourse.
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).
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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