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

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