Unregistered Agreement Of Sale Entered Before Attachment Cannot Defeat Decree-Holder’s Claim: Andhra Pradesh High Court No Presumption That Joint Family Possesses Joint Property; Female Hindu Absolute Owner Of Property Purchased In Her Name: Allahabad High Court Age Determination Must Strictly Follow Hierarchy Of Documents Under JJ Act: Orissa High Court Acquits Man Of POCSO Charges Once 'C' Form Declarations Are Signed, Burden Shifts To Buyer To Prove Payment Of Outstanding Dues: Madras High Court Section 213 Succession Act No Bar To Eviction Suit If Claim Is Based On Landlord-Tenant Relationship, Not Title Under Will: Bombay High Court Meritorious Candidate Wrongfully Denied Appointment Entitled To Notional Seniority & Old Pension Scheme: J&K & Ladakh High Court 6-Year Delay In Propounding Will & Hostile Attesting Witness Constitute 'Grave Suspicious Circumstances': Delhi High Court Refuses Probate Section 319 CrPC Power Cannot Be Exercised Based On FIR Or Section 161 Statements: Allahabad High Court Quashes Summoning Of Unmarried Sisters Bail Proceedings Cannot Be Converted Into Recovery Proceedings; Court Can't Order Sale Of Accused's Property: Supreme Court Able-Bodied Husband Cannot Defeat Maintenance Claim By Projecting Income Below Minimum Wages: Delhi High Court Recording Section 313 CrPC Statement Before Cross-Examination Of Prosecution Witness Does Not Vitiate Trial: Karnataka High Court Murder By Unknown Assailants Is Not 'Accidental Death' Under Mukhymantri Kisan Bima Yojna: Allahabad High Court Section 311 CrPC | Court Not A Passive Bystander, Must Summon Material Witness If Essential For Just Decision: Rajasthan High Court GST Act Does Not Prima Facie Prohibit Consolidated Show-Cause Notices For Multiple Years: Bombay HC Refers Issue To Larger Bench 90% Burn Injuries No Bar To Making Statement; Dying Declaration Can Be Sole Basis For Conviction If Found Truthful: Madhya Pradesh High Court

Freedom Of Speech Does Not Allow Abuse Against The PM: Allahabad HC

07 May 2024 8:19 AM

By: Admin


The Allahabad High Court recently refused to quash a first information report (FIR) filed against a man accused of posting abusive and derogatory comments on Facebook about, among others, Prime Minister Narendra Modi and Union Home Minister Amit Shah [Mumtaz Mansoori v. State of UP & 2 others].

A bench composed of Justices Ashwani Kumar Mishra and Rajendra Kumar-IV ruled that insulting any citizen, and especially the Prime Minister, is not protected by the First Amendment.

"Although the constitution of this country recognises the right to free speech for every citizen, this right does not extend to hurling insults or making derogatory remarks against any citizen, much less the Prime Minister or other Ministers of the Government of India," the court stated.

According to the FIR, petitioner-accused Mumtaz Mansoori published a "highly offensive" Facebook post in which he referred to the Prime Minister, Home Minister, and other ministers as "dogs."

The Uttar Pradesh Police charged him under Section 504 of the Indian Penal Code (intentional insult with intent to provoke breach of peace) and Section 67 of the Information Technology Act.

Then, he petitioned the High Court to dismiss the case.

The court ruled that the FIR revealed a punishable offence and dismissed the defendant's defense.

"The First Information Report reveals the commission of a criminal offence. We find no reason to intervene in the present petition for a writ filed with a request to quash the First Information Report "the instruction stated.

Advocates Aqeel Ahmad and Mohd Saifh represented the petitioner, while Advocate Sri Syed Ali Murtaza represented the state.

D.D:15-07-2022

Mumtaz Mansoori Versus State of UP & 2 ors

Latest Legal News