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Javed Ahmad Hajam vs. State of Maharashtra & Anr.

Not available · 2024 INSC 187Decided 7 Mar 2024
Not available
Justice Abhay S. Oka · Justice Ujjal Bhuyan

Background

The appellant, a college professor from Kashmir working in Kolhapur, Maharashtra, was a member of a WhatsApp group of parents and teachers. He posted WhatsApp statuses reading "August 5 - Black Day Jammu & Kashmir," "14th August - Happy Independence Day Pakistan," and a further message expressing unhappiness over the abrogation of Article 370. An FIR was registered against him under Section 153-A IPC, and the Bombay High Court dismissed his writ petition seeking to quash it.

Decision Breakdown

The Supreme Court held that neither expressing an opinion critical of the abrogation of Article 370 (a matter still sub judice and open to democratic debate) nor extending goodwill wishes to citizens of another country on their independence day amounts to promoting enmity or disharmony between groups under Section 153-A IPC. The Court emphasised that Article 19(1)(a) protects the right to dissent and express unpopular views, and that motive cannot be attributed to a person merely because of their religion. Continuing the prosecution would be a gross abuse of the legal process, so the Court quashed the FIR and set aside the High Court's judgment, also calling for police to be sensitised about free speech rights.

Lesson Learnt

Peacefully expressing a dissenting political opinion or extending goodwill to people of another country is protected free speech, not a criminal offence. The law against promoting enmity between groups is not a tool to punish unpopular but non-inciting opinions.

Official source (sci.gov.in)View Judgment (PDF)

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