Bihar Police's controversial new order which makes posting against the Government on Social Media an offence under the State's 'Cybercrime Laws' and threaten general public (youngsters in particular) from deprivation of jobs if found engaged in doing so has raised alarms exhaustively.
The move has observed blacklash from the opposition political parties but the State Government clearly hasn't taken a note of it.
In instance to it, a Law Student has wrote to the Patna High Court to take cognizance of the impungedorder. Saurav Narayan, a resident of Bihar who is pursuing his Law Studies from University of Delhi has made his concern evident with this letter.
He called the order "unconstitutional" as it violates Article 19 (1)(a) of the Constitution of India.
He stated in the letter that the order creates a "chilling effect" in the minds of citizens while making constructive criticism or offering important comments on the social media. Criticizing the Bihar Police, he said the department is deceiving their principle of "Development with Social Justice."
Making his case, he relied on the statements given by prominent Judges in this regard. Quoting Former SC Judge, Deepak Gupta he wrote:
“The right to dissent is one of the most important rights guaranteed by our Constitution. As long as a person does not break the law or encourage strife, he has a right to differ from every other citizen and those in power and propagate what he believes is his belief.”
Mentioning that how both Supreme Court and High Courts of the country have remained a guardian to the FoS and FoE, he stated:
"It is with this firm faith, belief and devotion I would like to quote Nariman J. that suppressing dissent will have “chilling effect” on the freedom of speech. I, in my utmost conscience cannot evoke a better response against the matter instant pleaded."
The fact that Supreme Court struck down Sec-66 (A) of the IT Act in 2015 in case of Shreya Singhal vs. Union of India also reflects Court's commitment to uphold Fundament Rights of Freedom of Speech & Expression, he mentioned.
Citing a recent speech of Justice D.Y. Chandrachud in concern to "dissent and democracy", he quoted him saying:
“The very essence of democracy is that every citizen has a right to participate not only in the electoral process but also in the way in which our country is run. This right becomes meaningless if that person cannot criticize the Government.”
“The blanket labelling of dissent as anti-national or anti-democratic strikes at the heart of our commitment to protect constitutional values and the promotion of deliberative democracy”
The order shall lead to mass illegal detentions he fears as it will provide Police the power to decide on Social Media Posts and flagging them.
In the end he pleaded the High Court to take due action as it is in pertinent interest of public that the Right to Freedom of Speech and Expression be upholded at the highest pedestial in a Democratic Country.
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