On Thursday, the Apex Court sought a response from the Meghalaya government on a plea challenging the state High Court order dismissing request to quash an FIR against Shillong Times' Editor Patricia Mukhim.

Mukhim has challenged the Meghalaya HC's order which had dismissed her plea to quash an FIR against her for a Facebook post condemning violence against minorities in the state.

The Bench headed by Justice L Nageswara Rao issued notice to the Meghalaya government on Mukhim's plea & sought response by Feb 5.

The Meghalaya High Court, in Nov 2020, had dismissed Mukhim plea to quash criminal proceedings against her for a Facebook post decrying violence against non-tribal people in the State.

The High Court while declining to quash the criminal case had opined that, prima facie, the offence of mischief under Section 153, Indian Penal Code had been made out against Mukhim as her post "apparently seeks to promote disharmony or feelings of enmity, hatred or ill-will between two communities."

With her Facebook post, she had sought action by the Meghalaya government against an attack on some non-tribal boys in Meghalaya.

An FIR was later filed against Mukhim by the village council on July 6, 2020, for allegedly inciting communal tensions & for defamation.

Referring to an attack on July 3, 2020, on a group of non-tribal boys by 20-25 unidentified youths at a basketball court in the Lawsohtun area of Shillong, Mukhim on July 4 last year, had said that Meghalaya has been a failed state because of continued attacks on non-tribal people & that the attackers & trouble-mongers have never been arrested since 1979.

Approaching the Supreme Court, Mukhim, a Padma Shri awardee, in her plea said that she has been facing persecution for speaking the truth & seeking enforcement of rule of law against perpetrators of hate crime.

Mukhim said that the motivation & intent of her post, as apparent from its plain reading, is to ensure that through the legal process, social harmony is maintained in Meghalaya.

The petition in the top court stated that plain reading of the Mukhim's Facebook post makes it clear that the intent & purpose of this post is to "appeal for impartial enforcement of rule of law; equal treatment before the law of all citizens; condemnation of targeted violence against members of a minority group; an end to impunity for violence & thereby ensure peace & harmony between communities & groups."

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