‘No mechanical arrests over social media posts’: SC upholds HC order

NEW DELHI: The SC on Monday upheld Telangana HC’s guidelines barring police from mechanically registering cases over “harsh, offensive critical political speech” on social media without first holding an inquiry and checking the locus standi of the complainant.

The SC order may end the prevalent practice harassing people by filing mulitple cases against those whose social media post is critical of govt or party in power, and safeguards fundamental rights.

The guidelines say the police must verify whether the complainant qualifies as the “person aggrieved” in terms of law before registering a case and conduct a preliminary probe before lodging an FIR. Police may invoke criminal law only when the speech amounts to incitement to violence or threat to public order.

Political criticism, satire not defamation, HC earlier said

The guidelines say police must verify whether a complainant qualifies as the “person aggrieved” in terms of law before registering a case and conduct a preliminary probe before lodging an FIR. They lay down that police may invoke criminal law only when the speech amounts to incitement to violence or threat to public order.

High court had passed the order while quashing criminal cases registered for criticising Telangana Congress govt and the CM.

HC had said social media posts were plainly political criticism and satire, which do not amount to defamation or public mischief and are fully protected by Article 19(1)(a): “No case alleging promotion of enmity, intentional insult, public mischief, threat to public order, or sedition shall be registered unless there exists prima facie material disclosing incitement to violence, hatred, or public disorder.”

After examining HC order and going through the norms, SC said, “We appreciate what HC has done”. Senior advocate Sidharth Luthra tried to impress upon the court the need to examine the norms as they would have wider implications, the court said there was no infirmity in them.

Guidelines say automatic or mechanical arrests are impermissible, and the principle of proportionality in the exercise of criminal process must be observed.