Recovery Of Excess Payment Made By Mistake Is Permissible When Employee Furnished An Undertaking To Refund: Supreme Court Anticipatory Bail Application Under Sec 482 BNSS Is Maintainable Even If No Formal Order Of Arrest Is Passed By CGST Authorities: Allahabad High Court Consensual Physical Relationship Following Three-Year Courtship Does Not Amount To Rape If Marriage Promise Fails: Supreme Court Criminalization Of Civil Disputes | Courts Must Not Engage In Speculative Reasoning While Dealing With Quashing Petitions Under Section 482 CrPC: Supreme Court Mere Recovery Of Tainted Money In The Absence Of Proof Of Demand Is Insufficient To Sustain Conviction Under Section 7 And 13 PC Act: Supreme Court High Court Cannot Quash NDPS Proceedings Merely Relying On Jurisprudence Regarding Evidentiary Value Of Confessional Statements: Supreme Court Extra-Judicial Confession Made While In Police Custody Is Inadmissible In Evidence: Supreme Court Taxing Authorities Must Levy Tax Based On The Form Of Goods At The Time Of Sale, Not On Potential End Use: Supreme Court Punjab & Haryana High Court Orders CBI Probe Into State Corruption Scams After Punjab Police Fails To Act On ED’s Section 66(2) PMLA Referral Section 482 CrPC | FIR Based On Consensual Relationship Gone Sour Cannot Be Sustained To Coerce Marriage: Supreme Court CISF Personnel Soliciting Bribes For Employment Is Guilty Of 'Gross Misconduct' Under Section 18 CISF Act: Andhra Pradesh High Court PIL | State Cannot Use Demolition Powers To Silence Whistleblowers Or Deflect Accountability: Punjab & Haryana High Court Criminal Proceedings Against In-Laws Without Specific Allegations Of Overt Acts Constitute Abuse Of Process: Supreme Court Order 22 Rule 9 CPC | Admission In An Abated Suit Does Not Constitute Estoppel Against Landlord In A Fresh Eviction Proceeding: Calcutta High Court Arbitral Award Cannot Be Set Aside For Non-Adjudication Of Claims Specifically Abandoned By Parties: Delhi High Court Mere Long Possession Is Not Adverse Possession; Defendant Must Prove Hostile Animus To Deny Title Of True Owner: Himachal Pradesh High Court Reopening Of Assessment Under Sec 148A(d) Income Tax Act Cannot Be Based On 'Change Of Opinion' Without Fresh Tangible Material: Gujarat High Court Municipal Authorities Must Initiate Formal Proceedings And Grant Opportunity Of Hearing Before Sealing Premises:  Jharkhand High Court Court Cannot Compel Third-Party To Undergo DNA Test Unless Necessary For Just Adjudication: Madhya Pradesh High Court Trial Court Cannot Defer Bail Application Merely Because A Transfer Petition Is Pending In High Court: Punjab & Haryana High Court Section 108 BNS | Mere Taunts Or Harassment Regarding Not Bearing A Male Child Do Not Constitute Abetment To Suicide: Rajasthan High Court

Every Citizen has the Right to Criticize State Actions: Supreme Court Quashes FIR Against Professor for WhatsApp Status, Affirms Right to Dissent and Free Speech

07 May 2024 8:19 AM

By: Admin


Legal Point: The Supreme Court’s judgment in Javed Ahmad Hajam vs State of Maharashtra revolves around the interpretation of Section 153-A of the Indian Penal Code, particularly in the context of expressing dissent and the right to free speech under the Constitution.

Facts and Issues: The case concerns an FIR registered against Javed Ahmad Hajam, a professor, for his WhatsApp status messages, which were alleged to promote enmity under Section 153-A of the IPC. The messages expressed unhappiness over the abrogation of Article 370 and extended Independence Day wishes to Pakistan. The High Court had dismissed his petition to quash the FIR.

Legal Interpretation: The Court noted that Section 153-A IPC necessitates an intent to promote enmity or disharmony. The bench referred to previous judgments, highlighting the importance of intention and the effects of words on reasonable minds.

Freedom of Speech: The Court held that criticism of State actions and expressing dissent are within the bounds of free speech. Hajam’s expressions were viewed as a critique of the government’s decision on Article 370 and not as promoting enmity.

Role of Police and Free Speech: The judgment underscored the need to educate the police on democratic values and the permissible limits of free speech.

Impact of Words: The judgment applied the standard of “reasonable, strong-minded” individuals to judge the impact of Hajam’s words, concluding that they were unlikely to incite enmity or hatred.

Decision: The Supreme Court quashed the FIR, deeming the prosecution under Section 153-A IPC an abuse of the law. The judgment upheld the right to dissent and freedom of speech, emphasizing the importance of these principles in a democratic society.

Date of Decision: March 7, 2024

Javed Ahmad Hajam vs State of Maharashtra & Anr.

Latest Legal News