Pointing out that the fundamental right of freedom of speech and expression has reasonable restrictions, the Allahabad High Court on Monday dismissed petitioner-accused Mumtaz Mansoori’s plea to quash a first information report (FIR) lodged against him for posting offensive remarks on Facebook against Prime Minister Narendra Modi and Union Home Minister Amit Shah, among others.
The division bench of Justices Ashwani Kumar Mishra and Rajendra Kumar, while hearing the petition, stated that freedom of speech is not applicable to ones who abuse other citizens, especially someone as important as the Prime Minister or other ministers of the Indian government.
The accused was booked for posting a “highly objectionable” Facebook status, referring to the Prime Minister and Home Minister and other ministers as “dog”, under several provisions of the Indian Penal Code (IPC) including Section 504 (intentional insult with intent to provoke breach of peace) and Section 67 of the Information Technology Act.
Refusing to quash the FIR, the HC said that Mansoori has been charged with cognizable offence. “The First Information Report clearly discloses commissioning of cognizable offence. We find no good ground to interfere in the present writ petition filed with a prayer to quash such First Information Report,” the HC order read, while asking the authorities to “proceed in the matter in accordance with law” and conclude the probe at the earliest.
Mansoori was represented by advocates Aqeel Ahmad and Mohd Saifh while Advocate Syed Ali Murtaza represented the state government.