Tripura HC Stays Probe In FIR Against CPI(M) Leader For Facebook Posts Calling Locals To Build Resistance In Case Of Attack

The Tripura High Court on Friday stayed investigation into an FIR registered against a leader of CPI(M) for his Facebook Posts calling locals to build resistance in case of an attack stating that if the police don't take any action in the matter of attack at a house, then the culprits must be taught a lesson collectively.

The Bench of Chief Justice Akil Kureshi prima facie observed that it was extremely doubtful whether the posts could be brought within the fold of Section 153A of the Indian Penal Code.

This provision provides for punishment for promoting enmity between different groups on the grounds of religion, race, place of birth, residence, language etc., and doing acts prejudicial to the maintenance of harmony.

The Court observed:

"Section 153A is the main penal provision applied in the FIR. The ingredients of the rest of the penal provisions cited also prima facie do not seem to be satisfied."

The FIRs were registered against a leader of the CPI(M) party for his two Facebook posts which the complainants claimed, incited people to commit rioting and had the tendency to create disharmony amongst the members of different political parties.

These FIRs were registered by the concerned police stations for the commission of offences punishable under Sections 153, 153A, 109, 506 read with Section 120B of Indian Penal Code and thus, the petitioner sought to quash of both the complaints on the grounds that two FIRs for the same incident leading to two separate investigations was not permissible and in any case, the allegations contained in the FIRs even if taken on face value do not constitute any offence. 

The two posts which the informants have complained about and which are attributed to the petitioner as translated read as under:

1. "Today at Badharghat area those who carried out the attack at house to house, if police doesn't take any action, then the culprits must be taught a lesson collectively, not acceptable any more."
2. "Everyone be ready, build resistance wherever there is an attack."

Lastly, issuing the notice, returnable on July 23, 2021, the Court gave liberty to the State to provide its version of the true translation of the posts in question and the FIRs if according to the State the translations produced by the petitioner are not accurate.

By way of ad-interim relief, further investigation into the said FIRs has been stayed.

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