Lawstreet Journal

Bombay HC Quashes FIR Against Mumbai Resident for Tweets Allegedly Promoting Enmity Between Groups [READ JUDGMENT]

Lawstreet Journal 19 May 2021 9:10pm

Image courtesy: Lawstreet Journal Judiciary Bombay HC Quashes FIR Against Mumbai Resident for Tweets Allegedly Promoting Enmity Between Groups [READ JUDGMENT]

The Bombay High Court recently quashed an FIR registered against a woman, a resident of Mumbai, for allegedly promoting enmity between religious groups.

The FIR relates to a tweet that the woman had posted, alleged to be accusative of a minority religious community for the spread of Covid-19 infections. The tweet in question includes a video recording of a gathering of people near the Bandra Railway Station whom a spiritual leader addressed. The video footage showed that the leader was trying to appease the angry crowd by stating that God brought about Covid-19 when a group member shouted back that the Prime Minister brought about the disease. The tweet expressed displeasure at this utterance and insinuated that the crowd belong to a particular community.

The Cyber Security Wing of the Maharashtra Police considered the tweet as promoting enmity between religious groups and filed a complaint against the accused invoking Section 153A of the Indian Penal Code,1860. 

Aggrieved by the proceedings instituted against her, the accused approached the Bombay High Court under its writ jurisdiction under Article 226. In her petition before the High Court, the accused prayed for invoking the inherent powers of the High Court under Section 482 of the Code of Criminal Procedure, 1973 to quash the FIR filed against her.

A bench comprising of Justices S. S. Shinde and M. S. Karnik heard the matter.

Advocate Dr Abhinav Chandrachud appearing for the Petitioner, relied on several judgements of the Indian and American Supreme Courts to argue that the offence under Section 153A… Continue Reading...

Tagged: Sunaina Holey   Bombay High Court  
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