Javed Ahmad Hajam   [Appellant]   Vs.  State of Maharashtra & Anr.  [Respondents]

(CRIMINAL APPEAL NO.886 OF 2024)

(2JB, Abhay S. Oka and Ujjal Bhuyan JJ., delivered by ABHAY S. OKA, J.)

Facts: A First Information Report (for short, ‘the impugned FIR’) was registered against the Appellant for the offence punishable under Section 153-A of the Indian Penal Code, 1860 (for short, ‘the IPC’). The appellant filed a writ petition before the High Court of Judicature at Bombay for quashing the FIR. By the impugned judgment dated 10th April 2023, the High Court has dismissed the writ petition. By the impugned judgment, the Division Bench of the High Court held that what was stated by the appellant regarding celebrating Independence Day of Pakistan will not come within the purview of Section 153-A of the IPC. However, the other objectionable part can attract the offence punishable under Section 153-A of the IPC.

Issue: Whether appellant is guilty of offence under Section 153-A of the IPC?

Arguments on behalf of counsel for appellant:

The learned counsel appearing for the appellant submitted that by no stretch of the imagination, the words written on Whatsapp Status by the appellant will promote disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities. He relied upon a decision of this Court in the case of Manzar Sayeed Khan v. State of Maharashtra & Anr. He submitted that the prosecution of the appellant was a complete abuse of the process of law. The learned counsel representing the respondent-State of Maharashtra submitted that whether the words or signs of the appellant on his WhatsApp status promoted disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities or not, is a matter of evidence. He submitted that it is only after examining the witnesses that the prosecution can establish the effect of these writings or signs on the minds of people. He submitted that at this stage, no conclusion regarding the impact of what is written by the appellant on the minds of the members of the public can be drawn. He would, therefore, submit that no interference is called for with the impugned judgment, and the trial may be allowed to proceed.

Held: The court allowed the present appeal and held that, “Now, the time has come to enlighten and educate our police machinery on the concept of freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution and the extent of reasonable restraint on their free speech and expression. They must be sensitised about the democratic values enshrined in our Constitution. For the same reasons, clause (b) of sub-section (1) of Section 153-A of the IPC will not be attracted as what is depicted on the WhatsApp status of the appellant cannot be said to be prejudicial to the maintenance of harmony among various groups as stated therein. Thus, continuation of the prosecution of the appellant for the offence punishable under Section 153-A of the IPC will be a gross abuse of the process of law.”