Tweets Against CM Uddhav Thackeray: Mumbai Court Lifts Bail Condition, Allows Sameet Thakkar To Operate His Twitter Account

ACMM RM Nerlikar allowed an application filed on behalf of Sameet Thakkar for relaxation of a condition restraining him from operating his twitter account in an order passed on November 10 granting him bail. This was in connection with the FIR at VP Road police station.

It was argued on behalf of Thakkar that such a condition affects his fundamental right to freedom of speech. If the condition is not relaxed, it will cause a lot of hardship to the applicant, Thakkar's counsel argued. He relied upon the decisions of the Supreme Court in Dattaram Singh Vs State Of Uttar Pradesh & Anr and Rajib Sharma Vs State Of West Bengal & Ors.

The Additional Public Prosecutor objected to the said application on the ground that it can be fatal to the prosecution as investigation has not been concluded yet.

Finally, the Court observed-

"If considered the nature of offence, date of passing the bail order, i.e. 10.11.2020 and the present date, I am of the view that no prejudice will be caused to the prosecution if the prayer made by the accused for relaxing the condition which restrain him from operating his Twitter account till further order is relax because the alleged evidence on the basis of it the crime against the accused was registered is with the prosecution."

Thus, allowing the application, ACMM Nerlikar relaxed the impugned bail condition.

On November 16, the Supreme Court refused to entertain an Article 32 petition filed by Thakkar for transfer and consolidation of investigation in the FIRs pertaining to his tweets against the Chief Minister of Maharashtra and other Cabinet Ministers.

However, on the same day, the Magistrate at Esplanade Court granted bail to Thakkar in relation to the FIR registered at BKC Cyber police station.

On July 1, 2020, a complaint came to be filed against Thakkar at Nagpur by one Nitin Tiwari, a Shiv Sena functionary for allegedly posting some objectionable tweets against Uddhav Thackeray. Another complaint came to be filed against the petitioner for allegedly posting some objectionable tweets, with VP Road Police Station, Mumbai by Dharmendra Mishra, who is an Advocate and also a Shiv Sena functionary. Another complaint was filed at BKC Cyber Cell. FIRs were registered in all the above complaints for offences under provisions of IPC and IT Act.