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”.