The Allahabad High Court while quashing an FIR has stated that 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 Division Bench of court comprised of Justice Pankaj Naqvi and Justice Vivek Agarwal was hearing a plea filed by a man against whom the FIR lodged for tweeting against the Chief Minister of UP, Yogi Adityanath. The court has observed that.
“Qua allegation made in the FIR do not find even remotely a commission of offence under Section 66-D, as said provision relates to cheating by personation. It is not the case of prosecution that while committing the overt act, the petitioner either tweeted using others' twitter handle or was there any allegation of cheating. No offence under Section 66-D I.T. Act is made out. 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.”
The present petition has filed quashing the FIR registered against the petitioner under section 500 I.P.C and 66-D of Information Technology (Amendment) Act, 2008, in P.S. Bhognipur, District Rama Bai Nagar.
The FIR lodged by the police alleged that petitioner from his twitter handle allegedly remarked that the Chief Minister of the State has transformed the State into a jungleraj in which no law and order prevails. It also makes reference to various incidents of abduction, demand of ransom and murders.
The counsel on behalf of the petitioner has submitted that right to comment on the affairs of the State is well within his constitutional right envisaged under Article 19 of the Constitution of India. 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 above submissions has opposed by the AGA.
Case details
Case :- CRIMINAL MISC. WRIT PETITION No. - 13058 of 2020
Petitioner :- Yashwant Singh
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Dharmendra Singh
Counsel for Respondent :- G.A.
Bench: Justice Pankaj Naqvi and Justice Vivek Agarwal
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