Society's outrage not ground to suppress free speech: Delhi court rejects complaint against Kerala MLA KT Jaleel for comments on Kashmir

Freedom of speech protects actions that the society may find very offensive and society's outrage alone is not a justification for suppressing free speech, a Delhi court observed while dismissing a complaint against Kerala Member MLA KT Jaleel for his allegedly controversial remarks on Kashmir [GS Mani v Commissioner of Police Delhi & Ors]..Additional Chief Metropolitan Magistrate (ACMM) Harjeet Singh Jaspal of the Rouse Avenue Court said that the statement by the MLA appeared to have been made in haste with the aim to get undue political mileage by sacrificing factual correctness and the truth itself. But it is not for court to teach history or nationalism, the judge said.“…the statement by itself ought to be condemned in strictest words. Albeit, this court is not here to teach history or nationalism or to correct misplaced beliefs or facts.”.The Court said that Jaleel’s statement that “the people of Kashmir are not happy” can be called his opinion and although it is not supported by any authority or survey, it is protected by the fundamental freedom of Article 19 of the Constitution. “The court is mindful of the fact that the alleged statements of the accused are unpopular, outrageous and are rather offensive views of the author however, it must be kept in mind that the freedom of speech protects actions that the society may find very offensive. The society’s outrage alone is not justification for suppressing free speech,” the judge said..The case against Jaleel relates to him allegedly using the terms 'Indian-Occupied Kashmir' and 'Azad Kashmir' to refer to the Union Territory of Jammu & Kashmir on social media and saying that the people of the region are not happy.He later deleted the post, but advocate GS Mani lodged a complaint against him in Delhi alleging it caused communal disharmony between communities..In his order, the judge has said that there is no merit in arguments that the MLA’s statement amounts to an offence under Section 153A (promoting enmity between different groups or Section 153B (imputations, assertions prejudicial to national-integration) of the Indian Penal Code (IPC).He noted that the post has already been deleted and there has been no breach of public peace..Judge Jaspal rejected the arguments that the remark concerning Kashmir or Pakistan Occupied Kashmir is likely to create enmity between Hindus and Muslims because it is foolish to believe that either of the two communities does not consider Kashmir an integral part of India.“Both Hindus and Muslims and all citizens of all religions, idolize the idea of the Kashmir being an inalienable part of the territory of India and the idea of Pakistan Occupied Kashmir being called “Azad Kashmir” will equally anguish and disgust both the communities or rather every Indian of every community," the Court said. It added," This court places on record its anguish over both, the statement of the accused and even the averments of the applicant in his complaint, which suggests that there can be a law-and-order situation and enmity between two religious communities namely Hindus and Muslims merely on a loose and incorrect statement of an irresponsible politician.”.The judge further said that the social set up, the secular thread and fraternity in democratic Indian background cannot be assumed to be that feeble that it would break or get bruised on random statements of selfish politicians.The court also referred to the judgement of US Supreme Court in Texas v Johnson wherein it was dealing with the question of flag burning and it was held that the free speech has to be protected even if it is against popular beliefs of the society and offensive to some..“Thus, to sum up, in the light of the aforesaid discussion, it can be concluded that the aforesaid sections of IPC, as alleged by the applicant, are not made out, cognizance is thus declined. The application and the complaint are accordingly disposed of as dismissed,” the court concluded..[Read Order].Media reminded of onerous duty of responsible reporting: Delhi Court accepts apology for misreporting on Kerala MLA KT Jaleel