Madhya Pradesh HC says free speech exists when govt can be criticised without fear, quashes FIR against journalist

The petitioner, Monu Upadhyay, moved HC with his lawyer Gaurav Mishra, who argued that his client expressed his opinion on social media and “since the post was related to an IAS officer, the FIR has been registered against the petitioner hastily”.

Quashing the FIR, the HC said: “The FIR… is in confrontation with the fundamental rights of petitioner as guaranteed by the Constitution under Article 19. The social media post of petitioner merely falls under the Freedom of Speech and Expression and does not constitute any offence under Sections 505(2) and 188 of IPC.”

The HC said: “Freedom of speech is one of the core pillars upholding the constitutional spirit and democratic process and thus its protection is essential.”

“Free speech exists when citizenry can express its opinion, including views that are critical towards the government, without fearing backlash, such as being put into prison or receiving threats of violence. Democracy’s goal is to have a plural and tolerant society. For this to happen successfully, citizenry should be able to speak freely and openly about how they would like to be governed,” the court said.

It said this “exchange of ideas and opinions is not just a once off on election day, but an ongoing two-way communication that happens throughout a government’s term”.

The court said the petitioner’s post “cannot be saddled with the allegations of promoting enmity, hatred or ill-will between different classes of society or causing any public mischief”.

“Conducting free and fair elections in the Legislative Assembly, particularly in Bhind/Chambal area, is always a paramount consideration and if doubt is raised by anybody in relation to conduct of free and fair election, then by no stretch of imagination it constitutes offence under Section 505(2) of IPC,” the court added.