Society’s outrage is no ground to suppress free speech, Delhi court rules, dismissing complaint against Kerala MLA K.T. Jaleel

Freedom of speech occupies a preferred position in the hierarchy of liberties, giving succour and protection to all other liberties, the court rules

A Delhi court, while dismissing a complaint against Kerala MLA K.T. Jaleel, observed, “Society’s outrage is no ground to suppress free speech.” It must be kept in mind, the court added, that freedom of speech protects actions that “society may find very offensive”.

The complaint against K.T. Jaleel was filed by a practising advocate in the Supreme Court, G.S. Mani, in the Rouse Avenue court, on a social media post by the MLA, in which he had allegedly used the terms ‘Indian-Occupied Kashmir’ and ‘Azad Kashmir’ to refer to the Union Territory of Jammu & Kashmir, and that people on the Indian side of the Kashmir region were not happy.

The complainant told the court that the MLA, through his tweet, had committed an offence, and hence had sought a first information report (FIR) to be filed against Mr. Jaleel under Sections 124A, 153A, 153B, 504, 505(1) and 505(2) of the IPC for the alleged “anti-national” remarks of the accused on Twitter, the social media platform.

While dismissing the complaint, Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal said that the court was mindful that the alleged statements made by the accused were unpopular but it must be kept in mind that freedom of speech protects actions that society finds very offensive. “Society’s outrage alone is not justification for suppressing free speech,” the court added.

The court further held that, in a democracy, freedom of speech and expression opens up channels of free discussion of issues. It also plays a crucial role in the formation of public opinion on social, political and economic matters.

“Freedom of speech and expression, just as the equality clause and the guarantee of life and liberty, has been very broadly construed by the Supreme Court right from the 1950s. It has been variously described as a ‘basic human right’, ‘a natural right’, and the like. It embraces within its scope the freedom of propagation and interchange of ideas, dissemination of information which would help formation of one’s opinion and view point and debates on matters of public concern,” the court added.

While commenting on the Mr. Jaleel’s post, the court said that the alleged statement “the people of Kashmir are not happy”, etc., can be the opinion of the author, though unsupported by any authority or survey, etc., and is arguably incorrect, and is thus protected as a fundamental freedom under Article 19. “