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Restrictions on Political Speech During Elections

FIR Filed Against Vasai Lawyer for Sharing Dhruv Rathee Video Criticizing PM Modi on WhatsApp Group - 2024-05-30

Subject : Constitutional Law - Freedom of Expression

FIR Filed Against Vasai Lawyer for Sharing Dhruv Rathee Video Criticizing PM Modi on WhatsApp Group

Supreme Today News Desk

The Mira Bhayandar Vasai Virar (MBVV) police in Maharashtra have registered a First Information Report (FIR) against advocate Adesh Bansode for allegedly sharing a video by YouTuber Dhruv Rathee that criticizes Prime Minister Narendra Modi during the Lok Sabha elections in the state.

On May 20, amid the fifth phase of polling for the Lok Sabha elections, Bansode , who is also the Maharashtra secretary of the Communist Party of India (Marxist-Leninist) Liberation, shared a link to a Dhruv Rathee video titled 'Mind of a Dictator' in the Bar Association of Vasai WhatsApp group, with the message, 'Do watch the video before going to vote'.

Following a complaint from another lawyer about the 'objectionable' video shared by Bansode , the police initiated a suo motu complaint and registered an FIR on May 21. The FIR, filed based on a head constable's complaint from the secret branch of MBVV Police, claims that the video and its accompanying message make false statements about Lok Sabha election candidates and attempt to influence voters, thus violating a prohibitory order issued by Police Commissioner Madhukar Pandey .

Bansode has called the FIR illegal, asserting it is an attempt by the state to silence dissenting voices. He argued that due legal procedures were not followed by the police before filing the FIR under Section 188 (disobedience to order duly promulgated by public servant) of the Indian Penal Code (IPC). According to Bansode , under Section 195 of the Criminal Procedure Code (CrPC), it is mandatory for the police to obtain prior permission from the concerned court before registering an FIR under Section 188 of the IPC.

Bansode pointed out the widespread popularity of the video, stating, 'The video was watched, liked, and shared by millions of internet users. Would the police file cases against all of them? I am protesting against the illegal FIR.'

free speech - election regulations - political criticism - social media sharing - legal procedures - police action - dissent - public interest

#LegalNews #FreedomOfExpression #ElectionIntegrity

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