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"Extreme point of view is not hate speech": Bombay High Court declares while quashing FIR against Sunaina Holey [READ JUDGMENT]

Lawstreet Journal 8 May 2021 9:44pm

Image courtesy: Lawstreet Journal Judiciary "Extreme point of view is not hate speech": Bombay High Court declares while quashing FIR against Sunaina Holey [READ JUDGMENT]

The Court revoked an FIR registered against Sunaina Holey under the provisions of Section 153A of the Indian Penal Code (IPC) for allegedly reposting a video on social media with a tweet which created enmity between two religious’ community.

If the point of view is extreme, that doesn’t necessarily mean that it is always a hate speech, the Bombay HC stated on Wednesday (May 5, 2021) while referring to a tweet with alleged communal parts to it.

The Court quashed an FIR registered against Sunaina Holey under section 153A of the IPC for allegedly reposting a video which allegedly created tension between two religious’ communities.

The Bench consisted of Justices SS Shinde and MS Karnik. It stated that the tweet in reference seems to be a hostile point of view. The state’s approach is rather on the hypersensitive and cautious side thereby finding Holey’s tweet problematic.

The Court further observed that the right to express one’s views is protected and held dear in our democracy and system. Merely because the point of view of a certain individual is hostile, the Court cannot declare the tweet as a hate speech. The court states that from a single glace over the tweet, there are no religions or communities named. 

“By no stretch of imagination can it be said that the tweet created hatred or tension between the two communities,” it stated.

Holey was not the author of the video and there was no offence registered against the actual author of the video. Her repost and statement in the post… Continue Reading...


Tagged: Sunaina Holey   Bombay High Court  
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