Srinagar, March 08: The Supreme Court has quashed an FIR against a Maharashtra college professor for a critical post on the abrogation of Article 370, emphasizing the need to educate law enforcement on freedom of speech.
The bench of Justices A S Oka and Ujjal Bhuyan underscored the importance of sensitizing the police on democratic values and the extent of reasonable restraint on free speech.
The ruling stemmed from a plea by Javed Ahmad Hajam, who was a professor at a college in Kolhapur. He had posted WhatsApp statuses expressing dissent, including messages critical of the abrogation of Article 370 and extending goodwill to Pakistan on its Independence Day. Despite these expressions, the court found no grounds for offense.
As reported by Indian Express, the bench stated, “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.” It emphasized that criticizing state actions or expressing protest is within the rights guaranteed by the Constitution, particularly under Article 19(1)(a), which protects freedom of speech and expression.
Furthermore, the court noted that gestures like extending goodwill to other countries on their independence days are not indicative of promoting disharmony or enmity between different religious groups. It called for a broader understanding of democratic principles and the importance of allowing peaceful dissent as an integral part of democracy.
In its ruling, the bench urged for a shift in police mindset, stating, “Now, the time has come to enlighten and educate our police machinery on the concept of freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution and the extent of reasonable restraint on their free speech and expression.” It emphasized the need for law enforcement to uphold democratic values and exercise reasonable restraint in interpreting and enforcing laws related to free speech.
