The Allahabad High Court has recently quashed the FIR registered against a person who criticised the law and order situation in Uttar Pradesh.
The division bench of Justice Pankaj Naqvi and Justice Vivek Agarwal passed this order while hearing a petition filed by Yashwant Singh. This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the FIR registered as Case under Sections 500 IPC and 66-D of Information Technology (Amendment) Act, 2008, P.S.Bhognipur, District Rama Bai Nagar.
The FIR lodged by the police alleged that the petitioner from his Twitter handle allegedly remarked that the Chief Minister has transformed the state into a jungleraj in which no law and order prevails. It also makes reference to various incidents of abduction, demands for ransom and murders.
The Court stated,
“Expressing dissent on law and order situation in the state, is a hallmark of a constitutional liberal democracy like ours, constitutionally protected under Article 19 of the Constitution.”
The petitioner’s Advocate Dharmendra Singh submitted that the right to dissent is a fundamental right which has been enshrined under Article 19 of the Constitution.
He further argued, “Mere dissent does not amount to criminality, FIR has been lodged malafidely only with a view to coerce the petitioner to stop expressing his dissent against the State government, no offence is made out, FIR be quashed.”
The Court asserted, “In so far, Section 500 IPC is concerned, same is also not made out, as the alleged tweet cannot be said to fall within the mischief of defamation.”
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“Right to dissent is a constitutionally protected right under Article 19 of the Constitution and an expression of dissent about the State and its law and order situation doesn’t amount to any crime,” the Court held.
“In view of the above, the Writ Petition is allowed. The FIR dated 2.8.2020, registered as Case Crime No. 371 of 2020 under section 500 I.P.C and 66-D of Information Technology (Amendment) Act, 2008, P.S. Bhognipur, District Rama Bai Nagar and consequential proceedings are quashed,” the order reads.