[FB Post Against PM Modi And UP CM] Freedom Of Speech Cannot Be Extended To Matters Prejudicial To National interest: Allahabad HC Refuses To Quash Sedition FIR Against Dr.

The freedom of speech cannot be extended to such extent which may be prejudicial to the National interest, said the Allahabad High Court while refusing to quash an FIR lodged against a lady Doctor.

Dr. Imrana Khan, a Unani Medical Officer, was named in the FIR registered under Section 67 of the Information Technology (Amendment) Act, 2008, Section 153-A, 153-B and 124-A of the Indian Penal Code. She had allegedly shared posts against the activities of the Government on her Facebook against the Prime Minister Narendra Modi and Chief Minister Yogi Adityanath.  

It is argued that the petitioner shared posts against the activities of the Government on her facebook which is said to be an Anti-National activity and she is also alleged in making posts on facebook against the Prime Minister Shri Narendra Modi and Chief Minister Yogi Adityanath from 2014 to 2017 but she did not share posts after 2017, while the F.I.R. has been lodged in the year 2020.

Before the High Court, it was contended that she had simply shared the Facebook posts on somebody else's post which does not at all amount to spreading disharmony or feeling of enmity, hatred or ill will between different religions and is not prejudicial to National Integration. It was also pointed out that the posts were shared from the year 2014 to 2017 and that she did not share posts after 2017. Senior Advocate N.I. Jafri, contended that whatever she has stated in her posts is her right to freedom of speech.

However, the bench comprising Justices Ramesh Sinha and Samit Gopal refused to quash the FIR and observed thus:

"We are of the opinion that the material which has been posted by the petitioner appears to be a serious one which may incite communal disharmony, the freedom of speech cannot be extended to such extent which may be prejudicial to the National interest and the impugned FIR discloses cognizable offence against the petitioner, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioner."

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