‘How Many Actions Will You Take?’ : Bombay High Court Questions Maharashtra Police

'How Many Actions Will You Take?' : Bombay High Court Questions Maharashtra Police

While hearing a matter relating to tweets against Chief Minister Uddhav Thackeray and his son Aditya Thackeray the Bombay High Court on Tuesday questioned the Maharashtra government if action will be taken against all those who say something objectionable on Twitter.

Justice SS Shinde and Justice MS Karnik was hearing criminal writ petition. The Criminal writ petition under Section 482 of CrPC is filed by Sunaina Holey, who was booked under Sections 153A, 505(2) and 500 of IPC in three different FIRs relating to three tweets posted by her. She was arrested in August this year and then released on bail in the case registered against her by the police at Bandra Kurla Complex cyber crime department.

Advocate Abhinav Chandrachud appearing on behalf of Holey argued that she was only expressing herself and that such behaviour won’t be repeated. However her fundamental right to speech cannot be curtailed.

“But we have to ensure that a fundamental right of one person cannot cause harm to another person.” Bench interrupted and said.

The court directed Chandrachud to argue the matter The court then asked government pleader Advocate YP Yagnik whether action will be taken against every person who says something on Twitter.

“How many actions will you take?” Court asked.

The bench said a public office in democracy has to hear criticism day in and day out. A balance has to be sought between the society and individual rights, bench added.

However, the bench stressed upon giving the younger generation some space to express themselves.

Next hearing of the case is scheduled on Wednesday.

Sakshi Patil
“An Investment in Knowledge pays the best interest”. I Ms. Sakshi Patil currently pursuing Bachelors of Law (LLB) from Pune University ,and I believe that Knowledge is a commodity to share and it should be not remain the monopoly of selected few. Studying Law helps me understand how society is govern and how law acts as medicine to heal the society. Keeping positive and open minded approach in every aspect of life is the aim and I hope to learn with every opportunity and can help to those in need and create awareness among people about law and its importance. As quoted by Henry Ward Beecher, ”A Law is valuable not because it is a law ,but because there is right in it.”