A Delhi Court on Friday said voices of dissent are necessary for a healthy democracy while granting bail to Alt New co-founder Mohammed Zubair. Therefore, invoking sections 153A (promoting enmity between religions) and 295A (outraging religious feelings) is not justified merely over criticism of any political party, the court added.
"Democracy is a government by the people via open discussion. Democracy can neither work nor prosper unless people go to share their views. Article 19(1)(a) of the Constitution of India gives freedom of speech and expression to its citizen," Additional Sessions Judge Devender Kumar Jangala at the Patiala House District court said.
The court further pointed out that the tweet in question was actually a film still of Hrishikesh Mukherjee's 1983 movie Kissi Se Na Kehna. It added that from 2018, when Zubair first posted the tweet, till 2022 no one had complained that the tweet was offensive to the Hindu community or that it disrespected Lord Hanuman.
"No complaint is stated to have been filed till today that the said scene in the movie has hurt the feelings of particular community or society," the 11-page order read. Judge Jangala noted that the police had failed to identify the anonymous Twitter user (@balajikijai) who felt offended by Zubair's tweet.
Delhi Police had also failed to record the statements of the witness or any other person who was offended by Zubair's tweet, the court added. Judge Jangala said that a police probe was bound by the principles laid down in the Criminal Procedure Code (CrPC), 1973.
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Undoubtedly free speech is the proper foundation of a democratic society: Delhi Court
ASJ Devender Kumar Jangala said that free speech was undoubtedly the proper foundation of a democratic society.
"A free exchange of ideas, dissemination of information without restrains, dissemination of knowledge, airing of differing viewpoints, debating and forming one's own views and expressing them, are the basic indicator of a free society," he said.
"This freedom alone makes it possible for people to formulate their own views and opinions on a proper basis and to exercise their social, economic and political rights in a free society in an informed manner," the judge added.
The judge pointed out that the Hindu religion was one of the oldest and most tolerant. Followers of this religion are also tolerant, he said.
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