Criticising Abrogation of Article 370 Not Offence: Supreme Court
The Supreme Court passed a significant ruling on Thursday. The apex court setting aside a Bombay High court order, quashed an FIR against a Maharashtra professor booked for WhatsApp status, criticising the abrogation of Article 370 and describing it as a ‘black day’ for the people of Jammu and Kashmir.
The court also added that wishing happy independence day to Pakistan would not constitute an offence of promoting enmity between groups of communities on religious lines under Section 153A of the IPC.
The bench, consisting of Justices AS Oka and Ujjal Bhuyan, said, “Every citizen of India has a right to be critical of the action of abrogation of Article 370 and the change of status of Jammu and Kashmir.”
The court further added that if all the protests or criticism against the state are held as an offence under Section 153-A, democracy will not survive.
The bench’s ruling came on a plea submitted by Javed Ahmed Hajam, a professor at a college in Kolhapur. On April 10, 2023, the Bombay High Court had earlier turned down the plea for quashing the FIR.
The professor between August 13 and August 15, 2022, posted two messages as his WhatsApp status: “August 5: Black Day Jammu & Kashmir” and “August 14: Happy Independence Day Pakistan.” Apart from this, the WhatsApp status included the message, “Article 370 was abrogated; we are not happy.” Based on this FIR, it was registered under IPC Section 153-A by the Hatkanangale police station in Kolhapur.
Pointing to “the WhatsApp status of the appellant,” Hajam, it said, “This is an expression of his individual view and his reaction to the abrogation of Article 370 of the Constitution of India” and “does not reflect any intention to do something which is prohibited under Section 153-A. At best, it is a protest, which is a part of his freedom of speech and expression guaranteed by Article 19(1)(a).”
Regarding the second WhatsApp message celebrating the independence day of Pakistan, the court reaffirmed the high court’s view that this act would not attract penal consequences. And the court also emphasised that citizens have the right to extend good wishes to other countries without it being seen as promoting disharmony.
