On Monday, the Apex Court adjourned for Feb 16 petition filed by Editor of Shillong Times, Patricia Mukhim, challenging the Meghalaya HC order which had dismissed her plea to quash an FIR against her for a Facebook post condemning violence against the minority in the State.

The Bench headed by Justices L Nageswara Rao adjourned the hearing of the matter for tomorrow as counsel appearing for Meghalaya sought adjournment.

Last month, the Bench had sought a response from the State of Meghalaya on Patricia Mukhim's plea.

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

The HC while declining to quash the criminal case had opined that, prima facie, the offence of mischief under Section 153, IPC 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 State 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 plea in the Supreme Court said that plain reading of 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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