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The Supreme Court has said that the freedom of expression of the views of the citizens of the country cannot be suppressed by filing a criminal case. The Supreme Court has made the above comment while canceling the case filed against journalist Patricia Mukhim. A case was registered in Meghalaya against the journalist for allegedly spreading communal disharmony through Facebook posts. In this case, the Meghalaya High Court refused to quash the case filed against the journalist, after which the case came to the Supreme Court.
A bench headed by Supreme Court Justice L Nageswara Rao said that we approve the appeal. Earlier, the journalist’s lawyer had argued in the Supreme Court that he had no intention of creating disharmony in his post in connection with the incident involving a murderous attack on 3 July 2020. At the same time, Meghalaya Sarkara’s lawyer said in the Supreme Court that the fight for minor boys was given a communal color. The Post states that the fight was between tribal and non-tribal.
The Supreme Court said that it is clear from the assessment of the journalist’s Facebook post that the Facebook posted does not contain the content of hate speech. Not liking the government’s failed action cannot be branded as a hate statement between two communities. Free speech of the people of the country cannot be administered through a criminal case unless it spoils the public order of speech.
The Supreme Court said that India is a pluralistic country, there are societies with different civilizational culture and the constitution speaks of all the rights of the people of the country, it also has the right to free speech. They also have the right to go anywhere. It is right to live anywhere in India.
The Supreme Court said that in the current case, there has been intense scrutiny of Facebook posts and it has shown that the journalist has expressed displeasure through his post that the CM and DGP of Meghalaya showed apathy in the action against the miscreants. In view of this, we accept the appeal and dismiss the order of the Meghalaya High Court. Also, on July 6, 2020, the FIR in this case is dismissed.
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