One person’s fundamental rights should not infringe upon someone else’s rights: Bombay HC while hearing plea against FIR over abusive tweets against Maharashtra CM 2020

    abusive tweets against Maharashtra CM
    abusive tweets against Maharashtra CM

    The Bombay High Court, on Thursday heard a writ petition filed by Twitter celebrity Sameer Thakkar seeking to quash an FIR filed against him over his allegedly abusive tweets against the present Maharashtra Chief Minister, Uddhav Thackeray.

    The Bench including Justice SS Shinde and Justice MS Karnik heard the petition.

    Abusive tweets against Maharashtra CM

    An FIR was registered at V P Marg police station against Thakkar for obscenity and slander. On Thursday, Advocate Abhinav Chandrachud submitted to the Court that it was the fundamental right of every citizen to criticize a public office. He also referred to various judgements of the Supreme Court which observed that “those who occupy powerful positions have to develop a thick skin”. Advocate Chandrachud added that only people in significant positions with power can be criticized, not an ordinary man on the street.

    The Court however disagreed with Advocate Chandrachud. The Court remarked that one person’s fundamental rights should not infringe upon someone else’s rights. It added, “Not everyone reacts to harsh criticism uniformly. Some people in public offices may be more sensitive than others”.

    abusive tweets against Maharashtra CM

    abusive tweets against Maharashtra CM

    Additional Public Prosecutor SR Shinde said that the police had issued a notice under Section 41-A of the Code of Criminal Procedure to Sameer Thakkar, but he was yet to appear to the station to record his statement.

    Advocate Chandrachud said that his client was willing to appear to the station to record his statement, but he did not do so in the fear of arrest.

    The Court directed the APP that there is no need to arrest the accused as a 41-A notice has been issued and it does not intend arrest. The Court directed the accused to appear before the police station on October 5 for recording his statement under Section 161 of the Code of Criminal Procedure.

    abusive tweets against Maharashtra CM
    Freedom of Speech

    abusive tweets against Maharashtra CM

    abusive tweets against Maharashtra CM

    abusive tweets against Maharashtra CM

    abusive tweets against Maharashtra CM

    abusive tweets against Maharashtra CM