Indian Penal Code, 1860
Section 153A—Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language etc. and doing acts prejudicial to maintenance of harmony—Petition to quash FIR declined by the High Court—Appeal—Allegation of commission of offences is based on what was seen on his WhatsApp status—Appellant posted message on his WhatsApp status with regard to celebrating Independence Day of Pakistan—As regards the picture containing “Chand” and below that the words “14th August–Happy Independence Day Pakistan”, it will not attract clause (a) of sub-section (1) of Section 153-A of IPC—Every citizen has the  right to extend good wishes to the citizens of other countries on their respective independence days—If a citizen of India extends good wishes to the citizens of Pakistan on 14th August, which is their Independence Day, there is nothing wrong with it—It’s a gesture of goodwill—In such a case, it cannot be said that such acts will tend to create disharmony or feelings of enmity, hatred or ill-will between different religious groups—Motives cannot be attributed to the appellant only because he belongs to a particular religion—Clause (b) of sub-section (1) of Section 153-A of the IPC will not be attracted as what is depicted on the WhatsApp status of the appellant cannot be said to be prejudicial to the maintenance of harmony among various groups—Continuation of prosecution of appellant for the offence punishable under Section 153-A of IPC will be a gross abuse of the process of law—Impugned FIR and proceedings based thereon are quashed—Appeal allowed.
[Paras 12 & 14]
Section 153A—Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language etc. and doing acts prejudicial to maintenance of harmony—Petition to quash FIR declined by the High Court—Appeal—Allegation of commission of commission of offences is based on what was seen on his WhatsApp status—Appellant posted message on his WhatsApp status that “August 5 – Black Day Jammu & Kashmir”—Every citizen of India has a right to be critical of the action of abrogation of Article 370 and the change of status of Jammu and Kashmir—Describing the day the abrogation happened as a “Black Day” is an expression of protest and anguish—Right to dissent in a legitimate and lawful manner is an integral part of the rights guaranteed under Article 19(1)(a) of the Constitution—Every individual must respect the right of others to dissent—An opportunity to peacefully protest against decisions of the Government is an essential part of democracy—Right to dissent in a lawful manner must be treated as a part of the right to lead a dignified and meaningful life guaranteed by Article 21—But the protest or dissent must be within four corners of the modes permissible in a democratic set-up—It is subject to reasonable restrictions imposed in accordance with clause (2) of Article 19—Appellant has not at all crossed the line—Clause (b) of sub-section (1) of Section 153-A of the IPC will not be attracted as what is depicted on the WhatsApp status of the appellant cannot be said to be prejudicial to the maintenance of harmony among various groups—Continuation of prosecution of appellant for the offence punishable under Section 153-A of the IPC will be a gross abuse of the process of law—Impugned FIR and proceedings based thereon are quashed—Appeal allowed.
[Paras 9, 10, 11 & 14]