Freedom Of Expression Not Unfettered: Allahabad HC Refuses To Quash Chargesheet Over Objectionable WhatsApp Remarks On “Maa Durga”

“…this Court is of the view that it is beyond the shadow of doubt that social media is a global platform for exchange of thoughts, opinions and ideas. The internet and social media has become an important tool through which individuals can exercise their right to freedom of expression but the right to freedom of expression comes with its own set of special responsibilities and duties. It does not confer upon the citizens the right to speak without responsibility nor does it grant unfettered licence for every possible use of language”, a bench of Justice Manju Rani Chauhan observed in the matter.

Advocate Brijesh Kumar Prajapati, appeared for the applicant and Advocate Sanjay Singh, AGA appeared for the State.

*Section 295A of IPC stipulates, Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.

In the pertinent matter, an FIR under Section 67 of the I.T. Act, 2008 was registered against the applicant alleging that an objectionable message was posted on WhatsApp with certain objectionable remarks on "Maa Durga", which has hurt the sentiments of the people of the Hindu community.

Pursuant to which, upon investigation a chargesheet was submitted under Section 295A IPC and Section 67 of I.T. Act, 2008. Accordingly, he was summoned.

Contending that there are no ingredients to substantiate the act in the FIR, the applicant argued that he has neither sent any such message nor he could do anything like this and has been falsely implicated by the opposite party no.2, who belongs to Hindu Vahini.

However, the respondents through independent witnesses and evidences submitted that the applicant did admit that the message was received by him and further requested that he may be excused and forgiven for the fault.

Therefore, argued that his admission to the fact is clearly indicative of the fact that he did receive the message and sent the same to other groups.

Considering the factual matrix, and the evidenced placed before the Court, the bench noted, “From the records, the Court finds that the applicant admits that the aforesaid message has been received by him and in the whatsapp chat, he admits that he may be excused and forgiven for the fault, which has been committed by him, which means that he admits that he has received the message and sent the same to other groups”.

Upon perusing the chargesheet, the bench was further of the opinion that the evidence produced by the prosecution were cogent, and the Magistrate rightly summoned the applicant to face trial as cognizable offence against the applicant is made out.

Cause Title: Dr.Shiv Sidharth @ Shiv Kumar Bharti v. State Of U.P And Another [Neutral Citation No. - 2023:AHC:106015]

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