Punjab and Haryana High Court remarked Freedom of Speech doesn’t allow a person to make derogatory remarks against any community or gender

The Bench of Hon’ble Justice Alka Sarin observed that Freedom of Speech doesn’t allow a person to make derogatory remarks against any gender or community.

The matter: An FIR was filed against the petitioner for his alleged derogatory comment on a Facebook post made by the complainant. It was said that the alleged comment intended to create disharmony by using objectionable and crass comments. The complainants produced photocopy of the derogatory comments posted by the petitioner on Facebook which were taken into possession by the Police vide separate memo.

Justice Alka Sarin dismissed the bail petition of the petitioner who requested for a regular bail. 

Learned counsel for the petitioner contends that the ingredients of Section 153 A, 295-A and 505 are not made out in the present case and he has been in custody since 24.09.2020

The court added:

“The Court is refraining itself from commenting on the nature of the posts made by the petitioner herein at this stage. Suffice it to say that freedom of speech does not entitle a person to make derogatory remarks/posts against any community or gender”.


“It is, however, made clear that any observation made herein shall not be treated as an expression of opinion on the merits of the case”.

Anusha Richa Mishra
"Let justice be done, though the heavens fall" I am Anusha Richa Mishra and I believe that justice is for everyone and the correct approach towards it is to spread awareness, to awaken, uplift and enable each and every individual so that they get what look wish for. I am a Graduate in Economics and am currently pursuing my degree of LLB from BVDU’s New Law College, Pune. I aspire to contribute to the society through my efforts and approach towards a just environment where we co-exist, follow the law and worship the Constitution.