Observing that each forward of an objectionable post on social media platforms cannot be interpreted to have been done to create unrest in the society or between two groups of people, the Aurangabad bench of the Bombay High Court has quashed an FIR registered against a man for forwarding an objectionable post against Babasaheb Ambedkar on a WhatsApp group.
The HC was hearing a petition by one Dnyaneshwar Wakale, 34, seeking quashing of the FIR registered against him by the Aurangabad police in 2018. The resident of Khultabad in Chhatrapati Sambhajinagar district, had been booked for outraging religious sentiments and promoting enmity between two groups of the Indian Penal Code and provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The court noted that it understood the sentiments of people when objectionable posts are created and made viral, and urged people to exercise self- restraint and not forward everything received on social media platforms. “We are aware of the sentiments of the people when such objectionable posts are created and then made viral. The reality in life nowadays is that there is rampant use of smartphones and the WhatsApp messenger or any such App and the social media but certain persons are not that techno-savvy and in such circumstances they will land in trouble on some occasion,” a bench of Justices Vibha Kankanwadi and SG Chapalgaonkar said on September 19.
It said that people are so interested in forwarding such content that on many occasions, they forward even without watching the same. “People are required to exercise self-restraint in such situations and not to forward whatever is received on such Application or social media platforms. Anyway, each forward of such a message cannot be interpreted to create unrest in the society or two groups of people or two races,” the bench emphasised.
The complainant claimed that he received an objectionable post that insulted Ambedkar from another person and after further enquiry, he came to know that Wakale had initially posted it on a certain WhatsApp group. The complainant was not a member of the said group.
Wakale contended that the police failed to investigate the origin and said that he had no intention to hurt the feelings of any community and had immediately apologised to the said group.
The bench observed that “unless the post is sent by the member of a group to another person who is not from the group, the question of it going viral does not arise.” It questioned the quality of the investigation and termed it of “low standard”. The bench remarked that the chargesheet failed to show that there was any effort by the police to find out as to who was the member of the group who had made it viral or sent it to the person who was not a member of the group.
“We want to put the Judges of the District Judiciary on guard and direct them that they should consider these provisions whenever they are necessary and pass detailed orders in respect of the same,” the bench concluded while quashing FIR against Wakale.
.jpeg)
