Court Upholds FIR Against Rajat Kalsan Under Bharatiya Nyaya Sanhita, Emphasizing Limits on Free Speech in Maintaining Public Order
In a significant ruling on December 11, 2025, the Punjab and Haryana High Court dismissed a petition filed by Advocate Rajat Kalsan seeking to quash an FIR lodged against him for making alleged caste-based hate speech during a public gathering. The court underscored the constitutional balance between individual rights to free speech and societal harmony.
The case originated from an FIR registered on July 29, 2025, at Police Station Narnaund, Haryana, against Rajat Kalsan under Sections 196, 352, 353, and 356(2) of the Bharatiya Nyaya Sanhita, 2023. The FIR was based on a complaint by Sushil Kumar, alleging that Kalsan's statements at a public meeting promoted enmity and disturbed public order.
The petitioner argued that his actions were in a professional capacity as a defense advocate for Maya Devi, accused in a murder and rape case. He contended that the FIR was a retaliatory measure due to his professional engagement. However, the court noted that freedom of speech under Article 19(1)(a) of the Constitution is subject to reasonable restrictions under Article 19(2), especially when speech incites public disorder or promotes enmity between groups.
Justice Vinod S. Bhardwaj emphasized the importance of context in assessing speech, noting that expressions like "casteist goons" used by Kalsan could promote enmity and disturb public tranquility. The court reiterated that while individuals have the right to free speech, this right is not unfettered and must be exercised responsibly, especially in public forums.
The judgment highlighted that expressions capable of inciting hatred or ill-will are not protected under the guise of free speech. The court found that the FIR's allegations, prima facie, disclosed the commission of cognizable offenses and thus did not warrant quashing. The decision reinforces the judiciary's role in maintaining societal order and public harmony through the enforcement of legal provisions against hate speech.
Bottom Line:
Freedom of speech and expression under Article 19(1)(a) of the Constitution is subject to reasonable restrictions under Article 19(2) to maintain public order, decency, and morality. Speech that promotes enmity, hatred, or ill-will between groups or incites public disorder can be penalized under criminal law provisions.
Statutory provision(s): Article 19(1)(a) and Article 19(2) of the Constitution of India, Bharatiya Nyaya Sanhita, 2023 Sections 196, 352, 353, 356(2), Criminal Procedure Code, 1973 Section 482
Rajat Kalsan v. State of Haryana, (Punjab And Haryana) : Law Finder Doc Id # 2830184
