New Delhi (15/07/2022): Delhi’s Patiala House Court on Friday while granting bail to Alt News co-founder Mohammed Zubair in a case related to an allegedly objectionable tweet, observed that “the voice of dissent is necessary for a healthy democracy. Therefore, merely for criticism of any political parties it is not justified to invoke section 153A and 295A of IPC”.
Additional Sessions Judge Devender Kumar Jangla said, “Democracy is a government by the people via open discussion. Democracy can neither work nor prosper unless people go out to share their views. Article 19(1)(a) of the Constitution of India gives freedom of speech and expression to its citizen.
Undoubtedly free speech is the proper foundation of a democratic society. A free exchange of ideas, dissemination of information without restraint, dissemination of knowledge, airing of differing viewpoints, debating and forming one’s own views and expressing them, are the basic indicator of a free society, the judge said.
This freedom alone makes it possible for people to formulate their own views and opinions on a proper basis and to exercise their social, economic and political rights in a free society in an informed manner.
The court noted that the present case relates to the tweet of an image alongwith two words “Before 2014” and “After 2014”. It is stated by Delhi Police counsel for the state that the image tagged with a tweet has hurt the sentiments of the Hindu community and is sufficient to incite feelings of hatred among people which is punishable under Sections 153A and 295A Indian Penal Code(IPC).
It also noted the Special Additional Public Prosecutor for the state has also pointed out that the word “Before 2014” and “After 2014” is pointing towards the ruling political party to show the state of affairs in a prejudicial manner.
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