The Allahabad HC Friday (July 15) refused to quash an FIR filed against a person for allegedly making derogatory remarks against PM Narendra Modi, Union Home Minister Amit Shah and other central ministers. While dismissing the petition filed by Mumtaz Mansoori to quash an FIR registered against him, the Court observed that “freedom of speech does not include hurling abuses.”
Allahabad High Court Refuses To Quash FIR Against Man Who Allegedly Called Prime Minister, Home Minister ‘Dog’ @ISparshUpadhyay,@narendramodi,@AmitShah https://t.co/Lx3wuPNoyo
— Live Law (@LiveLawIndia) July 16, 2022
“Although the constitution of this country recognises freedom of speech with every citizen such right does not extend to hurling abuses or making derogatory remarks against any citizen much less the Prime Minister or other Ministers of the Government of India,” the bench of Justice Ashwani Kumar Mishra and Justice Rajendra Kumar-IV observed.
According to the FIR filed against the petitioner Mumtaz Mansoori, he had made “highly derogatory remarks” (calling them dogs) against PM Modi, HM Amit Shah and some other Union Minister from his Facebook account.
He was charged under IPC section 504 (intentional insult with intent to provoke breach of the peace) and section 67 of the IT Act (punishment for publishing or transmitting obscene material in electronic form).
Subsequently, a case was registered against Mumtaz MAnsoori at the Meerganj police station of Jaunpur district in Uttar Pradesh. Mumtaz then moved the Allahabad HC challenging the FIR filed against him.
However, while refusing to quash the FIR, the bench observed: “ The First Information Report clearly discloses commissioning of cognizable offence. We find no good ground to interfere in the present writ petition filed with a prayer to quash such First Information Report…Authorities shall be at liberty to proceed in the matter in accordance with law and conclude investigation at the earliest.”
