Comment Not In Good Taste But Doesn't Promote Hatred: Telangana HC Quashes FIR Against Student Who Criticised Police Press Note On Social Media

The Telangana High Court has quashed an FIR registered against a law student for his comment on social media, criticising a Press note issued by the Police Commissioner prohibiting all kinds of assembly during exams.

The student was booked under Sections 504 (Intentional insult with intent to provoke breach of the peace) and 505(2) (Statements creating or promoting enmity, hatred or ill will between classes) of the Indian Penal Code.

Justice P. Madhavi Devi held that a plain reading of the provisions would disclose that they would be attracted only when there is an "intentional insult, which is likely to cause provocation to break public peace.” In the present case, however, the Court noted that the statement made by the accused was general and had not been passed to provoke.

“In this case, the comment is a general comment though it may not be in good taste but does not appear to have been passed to provoke to break the public peace or to promote feeling of enmity, hatred or ill-will between different groups or castes or communities by creating/promoting alarming news against the prohibitory order passed by the Commissioner of Police, Hyderabad.”

The Police Commissioner of Hyderabad in a press note held in April, had prohibited all kinds of assembly of more persons near 500 yards from the Telangana Open School Society and Intermediate Public Examination Centre owing to the exams being conducted from April 25^th to May 5^th, 2023.

The accused took to social media and posted a commented that "Law & Order has become a joke" and that the prohibitory order is "silly" and an "abuse of office".

The prosecution contended that the case was only at the F.I.R stage and as further investigation was required to be conducted, the petitioner could not have challenged the F.I.R.

The accused/party in person on the other hand contended that the entire controversy surrounded the post made by him on social media and there is no need of a further investigation. He had relied upon Bilal Ahmed Kaloo vs. State of AP and Shalu @ Salim vs. The State of Uttar Pradesh and Ors to contend that the sections referred to in the F.I.R are only attracted when, two religious/ racial/language or regional groups have been pitted against each other.

While allowing the quash petition, the Bench held “Therefore, this Court finds that in this case, there are no two groups as required to attract the said provisions and there appears to be no intention to create or promote feeling of enmity, hatred or ill-will between different groups or of disturbing the public peace.”

Counsel for petitioner: Vijay Gopal (party in person)

Counsel for the respondent: PP

Case no.: CrlP 9318 of 2023

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