Court affirms the inviolability of free speech under Article 19(1)(a) while examining reasonable restrictions and the absence of malicious intent in the impugned speech.
In a significant ruling, the Allahabad High Court extended interim protection from arrest to Gautam Khattar, the petitioner in a case concerning freedom of speech. The decision, delivered by a bench comprising Justices J.J. Munir and Tarun Saxena, underscores the protection of free speech under Article 19(1)(a) of the Indian Constitution, emphasizing that speech must not contravene reasonable restrictions outlined in Clauses (2) to (6) of Article 19.
The case revolves around an FIR registered against Khattar for a speech allegedly inciting disharmony, under various sections of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNS), and the Information Technology Act. The speech in question was scrutinized for its potential to promote enmity or disharmony between groups based on religion, race, or language.
Counsel for the petitioner, Mr. Vishnu Shankar Jain, argued that the speech did not involve two distinct groups whose sentiments could be harmed, thus not fulfilling the criteria for offense under Section 196 of the BNS. The defense highlighted that the speech merely expressed an opinion that "no one should pose as God," which falls within the ambit of free speech and does not constitute an offense.
The court, referencing landmark judgments such as Bilal Ahmad Kaloo v. State of A.P. and Balwant Singh v. State of Punjab, noted the absence of intent to promote enmity between groups, a prerequisite for invoking Section 196. The judgment reiterated that inciting the feelings of one community without referencing another does not attract legal action under the cited provisions.
Justice Saxena granted the State a week's time to seek further instructions, while ordering that Khattar not be arrested in relation to the case until the next hearing. The court has scheduled the next session for May 19, 2026. This decision is pivotal in reinforcing the boundaries of free speech and the application of reasonable restrictions under the law.
The court's judgment also directed swift communication of the order to relevant police authorities to ensure compliance, reflecting the judiciary’s commitment to upholding constitutional rights and safeguarding individuals from unwarranted legal action.
Bottom Line:
Freedom of speech protected under Article 19(1)(a) of the Constitution cannot be curtailed unless it violates reasonable restrictions under Clauses (2) to (6) of Article 19. Mere expression of opinion without promoting enmity or disharmony between two groups does not constitute an offence under Section 196 BNS or related provisions.
Statutory provision(s):
Article 19(1)(a) of the Constitution of India, Section 196 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 67 of the Information Technology Act (Amendment) 2008.
Gautam Khattar v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2898796
