Need To Educate Police About Freedom Of Speech, They Must Be Sensitised About Democratic Values : Supreme Court

“Now, the time has come to enlighten and educate our police machinery on the concept of freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution and the extent of reasonable restraint on their free speech and expression. They must be sensitised about the democratic values enshrined in our Constitution.”

This observation is part of a broader ruling handed down by a bench of Justices Abhay S Oka and Ujjal Bhuyan, emphasising the fundamental right of citizens to express dissent and criticism, particularly in matters of public importance.

This verdict has been delivered in the context of a case involving Professor Javed Ahmed Hajam, who faced charges under Section 153A (promotion of communal disharmony) of the Indian Penal Code for his WhatsApp status messages regarding the abrogation of Article 370.

The Bombay High Court had earlier refused to quash a first information report (FIR) lodged against him over this WhatsApp status criticising the abrogation of Article 370, terming it as a 'Black Day for Jammu and Kashmir'. The division bench of the high court cited concerns that the messages could promote disharmony and ill-will among different groups.

However, the Supreme Court has taken a different stance, recognising the primacy of the right to freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution. Quashing the criminal case against the embattled professor under Section 153A of the IPC, the court observed - 

“Under the said guarantee, every citizen has the right to offer criticism of the action of abrogation of Article 370 and the change of status of Jammu and Kashmir or, for that matter, every decision of the State. He has the right to say he is unhappy with any decision of the State…Describing the day the abrogation happened as a 'Black Day' is an expression of protest and anguish…This is an expression of his individual view and his reaction to the abrogation of Article 370 of the Constitution of India. 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).”

Importantly, the court also noted, “If every criticism or protest of the actions of the State is to be held as an offence under Section 153-A, democracy, which is an essential feature of the Constitution of India, will not survive.”

The judges further stressed that expressions of dissent should not be judged based on the impact on individuals with 'weak minds', but rather on reasonable individuals who understand democratic values.

With respect to a second message shared by the professor celebrating Pakistan's Independence Day, the bench emphasised that citizens have the right to extend good wishes to other countries without it being seen as promoting disharmony. It also cautioned against attributing any motive to the appellant only because he belongs to a particular religion.

Citation: 2024 LiveLaw (SC) 208

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