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Every criticism of the Government cannot be a crime : Supreme Court

  • The Court also said that protest and dissent should be expressed in a way that is accepted in a democratic system !
  • Order to quash the FIR against Prof. Javed Ahmed Hajam, who opposed the abolition of Article 370 !

New Delhi – The Supreme Court on 7th March has set aside an order of the Bombay High Court accusing a college professor in Maharashtra of spreading enmity and disharmony. The Court said, ‘There is a need to enlighten and educate the Police machinery about the constitutional guarantees and the extent of reasonable restraint on free speech. Sensitising the Police about democratic values is crucial to prevent the misuse of laws and the suppression of legitimate dissent. The case in question was from Kolhapur District in August 2022 where Prof. Javed Ahmed Hajam posted a WhatsApp status against the abrogation of Article 370 and wished Pakistanis on their Independence Day. The Hatkanangale Police had then registered an FIR against the professor.

The Court, while quashing the FIR, also acknowledged that the right to dissent is subject to reasonable restrictions imposed per clause 2 of Article 19. However, in the present case, the Court found that the appellant, Professor Hajam, had not crossed the line of permissible criticism.

While hearing a petition filed in the Bombay High Court against this action in April 2023, the HC refused to quash the FIR. However, the Supreme Court ordered that the FIR be expunged. The bench comprising Justice Abhay Oak and Justice Ujjal Bhuyan said that every Indian citizen has the right to criticise the abrogation of Article 370 and the special status of Jammu and Kashmir.

What was the Professor’s case ?

The Supreme Court said that describing the day the abrogation happened as a ‘Black Day’ is an expression of protest and anguish. If every criticism or protest against the action of the State under Article 153A is treated as a crime, the democracy which characterises the Indian Constitution will not survive.

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