Introduction:

The Madhya Pradesh High Court, in a recent ruling, held that expressing doubt about the conduct of free and fair Legislative Assembly elections in a social media post does not amount to an offense under Section 505(2) of the IPC (‘statements conducing to public mischief’). The petitioner, a correspondent, faced an FIR for raising concerns on social media about the election in Lahar Legislative Assembly Constituency. The court’s decision focused on protecting the freedom of speech and expression under Article 19(1)(a) of the Constitution.

Arguments:

The petitioner argued that the post fell under the constitutional right to freedom of speech and expression and did not violate any law. It was contended that the doubts raised about the election process in the post did not promote enmity or public mischief. The court considered the core importance of freedom of speech in a democratic society and emphasized that democratic goals require a plural and tolerant society. The defense highlighted that the post aimed to awaken public awareness rather than incite violence or disturb public peace.

Court’s Judgement:

Justice Anand Pathak, in his ruling, emphasized the protection of freedom of speech as a core pillar of the constitutional spirit. The court held that the social media post did not promote enmity, hatred, or ill will among different classes of society. It noted that the post did not violate any law, incite criminal activities, or glorify violence. Regarding the offense under Section 188 IPC, the court clarified that an FIR should not have been directly registered, and proceedings against the petitioner were not permitted as no written complaint by the concerned public servant was filed. The court discharged the petitioner of all offenses and allegations.