'How Many Actions Will You Take?' : Bombay High Court Questions Maharashtra Police Over FIR Against Sunaina Holey For Anti-Govt Tweet

A division bench of justices SS Shinde and MS Karnik was hearing the criminal writ petition under Section 482 of CrPC filed by Sunaina Holey, who was booked under Sections 153A, 505(2) and 500 of IPC in three different FIRs relating to three tweets posted by her. She was arrested in August this year and then released on bail in the case registered against her by the police at Bandra Kurla Complex cyber crime department.

Appearing on behalf of Holey, Advocate Abhinav Chandrachud argued that she was only expressing herself and that such behaviour won't be repeated. However her fundamental right to speech cannot be curtailed, he added.

The bench interrupted and said, "But we have to ensure that a fundamental right of one person cannot cause harm to another person."

To this, Adv Chandrachud said that his client was merely expressing her opinion and criticizing policy of the government.

The court directed Chandrachud to argue the matter after which he went on to say show a video of Holey which she tweeted on her Twitter account.

The court then asked government pleader Advocate YP Yagnik whether action will be taken against every person who says something on Twitter.

"How many actions will you take?" Court asked.

Yagnik said the State is trying to investigate her (Holey) intent after the complaint was registered. He then said the tweets are against political parties. The bench interjected and said a public office in democracy has to hear criticism day in and day out.

The court said that a balance has to be sought between the society and individual rights. The bench stressed upon giving the younger generation some space to express themselves.

The next date of hearing is on Wednesday.