'Emotions Must Not Overflow': Court Dismisses Plea To Quash FIR For Online Post Against PM Modi
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During the hearing, the petitioner's counsel argued that his client Ajeet Yadav (24) put up the post after getting carried away by emotions.
The Allahabad High Court rejected a plea to quash an FIR filed against a petitioner over an alleged Facebook post criticising Prime Minister Narendra Modi, made following the suspension of military operations between India and Pakistan on May 10.
During the hearing, the petitioner's counsel argued that his client Ajeet Yadav (24) put up the post after getting carried away by emotions.
Rejecting the submission, a division bench comprising Justices J J Munir and Anil Kumar said, 'The post written by the petitioner against the prime minister carried scurrilous language against the head of the government."
'Emotions cannot be permitted to overflow to an extent that constitutional authorities of the country are dragged into disrepute by the use of disrespectful words."
The court dismissed the plea saying it was not a fit case to interfere with the FIR in the exercise of jurisdiction under Article 226 of the Constitution.
Yadav has been booked for his Facebook post under various sections of the Bharatiya Nyaya Sanhita (BNS) for reportedly using derogatory language targeting the prime minister for the halt in military action between India and Pakistan in the aftermath of the Pahalgam terror attack that killed 26 people on April 22.
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In March 2020, just five months after formally becoming a Union territory and amidst a nationwide lockdown to fight the coronavirus, the Union home ministry issued the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order 2020. Under these rules, anyone who 'who has resided for a period of 15 years in the union territory of J&K or has studied for a period of seven years and appeared in Class 10th/12th examination in an educational institution located in the UT of J&K' qualifies to be a domicile of Jammu and Kashmir. At that time, many Kashmiri political leaders were in detention or under house arrest. Many political parties had described the order as 'humiliating'. National Conference leader and current chief minister Omar Abdullah, who had been just released from a long detention had questioned the timing of the order. 'At a time when all our efforts & attention should be focused on the #COVID outbreak the government slips in a new domicile law for J&K. Insult is heaped on injury when we see the law offers none of the protections that had been promised,' Abdullah had posted on his Twitter/X account on April 1, 2020. Unlike Ladakh, where the domicile rule applies prospectively, beginning from October 31, 2019, the domicile rules in the case of Jammu and Kashmir applied retrospectively. That means that anyone who had been living in Jammu and Kashmir for a period of 15 years until the notification of domicile rules in 2020 was eligible to be a domicile of Jammu and Kashmir. In other words, while Ladakh will get new domiciles only after 2034, in the case of Jammu and Kashmir, many non-natives, who fulfill the criteria of domicile rules, have already become part of Jammu and Kashmir's population. In April, the Jammu and Kashmir government informed the legislative Assembly that more than 83,000 individuals who were not originally permanent residents of Jammu and Kashmir have been granted domicile certificates over the past two years. 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With the next meeting between the centre's High-Powered Committee and the Ladakh leadership likely towards the end of this month, the questions like statehood and Sixth Schedule status will rise again. 'We are not going back on these two demands,' Dorjay added.
