"No Act Of Inciting Violence, Disturbing Peace Or Harmony": Tripura HC Stays Probe Against Man For Posting Words 'Finish The End' On FB

Update: 2021-07-03 16:34 GMT
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The Tripura High Court this week stayed probe in a matter wherein a person, associated with a political party, had put a post on his Facebook account "Finish the end" and thereafter, he was booked for the offences punishable under Sections 153, 153A, 109, 506 of IPC read with Section 120B.The Bench of Justice Akil Kureshi observed thus:"In any case, the petitioner cannot be attributed any act...

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The Tripura High Court this week stayed probe in a matter wherein a person, associated with a political party, had put a post on his Facebook account "Finish the end" and thereafter, he was booked for the offences punishable under Sections 153, 153A, 109, 506 of IPC read with Section 120B.

The Bench of Justice Akil Kureshi observed thus:

"In any case, the petitioner cannot be attributed any act of inciting violence, disturbing peace or harmony amongst different groups on the basis of the said post. The allegations of the conspiracy are also in my prima facie opinion not based on any material or even allegations in the FIR."

The Court further observed that:

"...even if all the allegations contained in the FIR are taken on the face value and taken to be true, no offence can be stated to have been committed by the petitioner. The petitioner has thus made out a strong ground for further inquiring into the matter."

The matter in brief 

For putting up the post ["Finish the end"] the petitioner was accused to have committed offences as mentioned above. According to the complainants, this post was part of a chain of events and was connected with Facebook posts put up by two other active members of the same political outfit which posts would lead to riots and ruckus amongst different political groups and breach the peace and tranquillity in the society.

It was alleged by the complainants that there was a criminal conspiracy to incite and intimidate different political workers to disturb peace and harmony in the State.

Staying the probe in the matter, the Court observed:

"Even according to the complainants, the only post attributed to the petitioner is one noted above. By itself this post consisting of three words makes little sense."

Under the circumstances, issuing the notice returnable on 23rd July, 2021, by way of ad interim relief, the State Government was prevented from carrying out further investigation against the petitioner in connection with the impugned FIRs.

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