Supreme Court bins charges against prof for post on Article 370
Satya Prakash
New Delhi, March 7
Holding that the right to dissent in a legitimate manner is an integral part of the right to freedom of speech and expression guaranteed under the Constitution, the Supreme Court on Thursday quashed a criminal case against a professor for his WhatsApp status describing abrogation of Article 370 as a “black day” for Jammu and Kashmir.
Javed Ahmed Hajam, who hailed from Baramulla in Jammu and Kashmir and worked as a professor at Sanjay Ghodawat College in Kolhapur district in Maharashtra, had in a WhatsApp group of teachers and parents, posted “August 5 – Black Day Jammu & Kashmir, 14th August – Independence Day Pakistan”.
An FIR was lodged against him under Section 153A of the IPC for promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.
Terming it as an expression of his individual view and his reaction to the abrogation of Article 370 of the Constitution, a Bench led by Justice AS Oka said, “It does not reflect any intention to do something which is prohibited under Section 153-A. At best, it is a protest, which is a part of his freedom of speech and expression guaranteed by Article 19(1)(a). Every citizen of India has a right to be critical of the action of abrogation of Article 370 and the change of status of Jammu and Kashmir.”
“An opportunity to peacefully protest against the decisions of the government is an essential part of democracy… But the protest or dissent must be within four corners of the modes permissible in a democratic set-up. It is subject to reasonable restrictions imposed in accordance with clause (2) of Article 19. In the present case, the appellant has not at all crossed the line,” it said. As regards the picture containing “chand” and below that the words “14th August – Happy Independence Day Pakistan”, the Bench said, “Every citizen has the right to extend good wishes to the citizens of the other countries on their respective independence days.”
Right to be critical
Every citizen of India has a right to be critical of the action of abrogation of Article 370. — Supreme Court
