Every citizen has the right to criticize any decision of the government, Supreme Court said
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Supreme Court Decision: The Supreme Court canceled the FIR registered against a professor for criticizing the abrogation of Article 370 of the Constitution through ‘WhatsApp Status’ and said that every citizen has the right to criticize any decision of the government. Have the right to do. The apex court quashed the Bombay High Court order regarding this case. It canceled the case registered against Professor Javed Ahmed Hazam under section 153A (promoting communal disharmony) of the Indian Penal Code.
Maharashtra Police had filed an FIR against Hazam at Hatkanangle police station in Kolhapur for posting messages on WhatsApp regarding the abrogation of Article 370. Hazam had said in these WhatsApp messages, “5th August – Black Day for Jammu and Kashmir” and “14th August – Happy Independence Day to Pakistan.” The court said that every citizen should congratulate the citizens of other countries on their Independence Day. But you have the right to wish good wishes. He said that if any citizen of India wishes the citizens of Pakistan on 14th August, there is nothing wrong in it. Pakistan celebrates Independence Day on 14 August.
Freedom of speech and expression guaranteed under Article 19(1)(a)
A bench of Justice Abhay S Oka and Justice Ujjwal Bhuyan said, the Constitution of India guarantees freedom of speech and expression under Article 19 (1) (A). Under this guarantee, every citizen has the right to criticize the action of abrogating Article 370 and every decision of the government in that matter. They have the right to say that they are unhappy with the government’s decision. The Supreme Court said that every citizen of India has the right to criticize the move to abrogate Article 370 and change the status of Jammu and Kashmir.
The Appellant did not cross any limits
The Supreme Court said that the right to express dissent in a valid and legal manner is an integral part of the rights provided under Article 19(1)(A). Every person should respect others’ right to express dissent, he said. Protesting peacefully against government decisions is an integral part of democracy. He said that in this case the appellant did not cross any limits. The court said that the High Court said that the possibility of inflaming the sentiments of a group of people cannot be ruled out.
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Our country has been a democratic republic for more than 75 years.
The bench further said that teachers, students and parents of the appellant’s college are allegedly members of the WhatsApp group. As Justice Vivian Bose said, the impact of the words used by the appellant on his WhatsApp status will be judged based on the status of the women and men included in his group. He said, we cannot look at it from the level of weak and bad minded people. Our country has been a democratic republic for more than 75 years. The court said that the people of the country understand the importance of democratic values. He said that it is not appropriate to conclude that these words will increase animosity or hostility between different religious groups and incite feelings of hatred or malice.
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