On Friday, July 15, the Allahabad High Court declined to overturn a complaint made against a person for allegedly making disparaging words about Prime Minister Narendra Modi, Union Home Minister Amit Shah, and other central politicians. Mumtaz Mansoori sought to have a FIR against him dismissed, but the court dismissed his appeal, stating that “hurling insults does not constitute free speech.”
Mumtaz Mansoori allegedly made “extremely disparaging remarks” (referring to them as dogs) against PM Modi, HM Amit Shah, and other Union Ministers using his Facebook account, according to the FIR lodged against him. He was charged under section 67 of the IT Act and section 504 of the IPC (intentional insult with the purpose to cause breach of the peace) (punishment for publishing or transmitting obscene material in electronic form). A case was subsequently filed against Mumtaz MAnsoori at the Uttar Pradesh district of Jaunpur’s Meerganj police station. Mumtaz then filed a petition with the Allahabad High Court contesting the FIR lodged against him
Justice Ashwani Kumar Mishra and Justice Rajendra Kumar-IV stated “Although the constitution of this country recognises freedom of speech with every citizen such right does not extend to hurling abuses or making derogatory remarks against any citizen much less the Prime Minister or other Ministers of the Government of India,”. While refusing to quash the FIR, the bench observed: “ The First Information Report clearly discloses commissioning of cognizable offence. We find no good ground to interfere in the present writ petition filed with a prayer to quash such First Information Report…Authorities shall be at liberty to proceed in the matter in accordance with law and conclude investigation at the earliest.”
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