A bench of Justices SS Shinde and MS Karnik was hearing a petition filed by Mumbai resident Sunaina Holey
Bombay High Court
The Bombay High Court on Tuesday asked the Maharashtra government if it intended to take action against every person who says something objectionable on Twitter. A bench of Justices SS Shinde and MS Karnik was hearing a petition filed by city resident Sunaina Holey.
According to a report in Mumbai Mirror, Holey was booked by the Mumbai and Palghar police for tweets against Chief Minister Uddhav Thackeray and his son, Tourism and Environment Minister Aaditya Thackeray. In her plea filed through advocate Abhinav Chandrachud, Holey sought that the FIR against her be quashed.
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Advocate Chandrachud told the High Court that Holey was merely expressing her opinion and criticising the policies of the state government through her tweets. However, Prosecutor Jayesh Yagnik said Holey can't go scot-free. He further added that she and the public, in general, must show restraint in their criticism of political parties and their policies.
The High Court agreed that a person's fundamental right to free speech cannot breach another person's rights, however, it added that public offices in a democracy have to face criticism from the public. "Ultimately, there has to be a balance between the society and individual rights. Will you act against every person who says something on Twitter? How many actions will you have to take?" the bench said.
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Advocate Yagnik said the police was probing the intent behind Holey's tweet. The bench asked if the FIR against Holey could be quashed straight away based on averments in the FIR, or if the court must wait for the police probe in the case to conclude.
The bench asked advocate Chandrachud to assist the court on this aspect.
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