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Supreme Court of India 2024-03-07 allowed

Javed Ahmad Hajam vs State of Maharashtra & Anr

Bench: 2 — Abhay S. Oka, Ujjal Bhuyan

In Brief

The appellant, a college professor, posted on WhatsApp status criticizing the abrogation of Article 370 on 5 August 2019 as a "Black Day" and extending good wishes to Pakistan on 14 August Independence Day. He was prosecuted under Section 153-A IPC (promoting enmity between groups). The Supreme Court held that such political criticism and goodwill gestures are protected speech under Article 19(1)(a) and do not incite communal disharmony. The posts did not target any religion, caste, or community but expressed protest against state action. The Court allowed the appeal, quashed the FIR, and emphasized that police must be educated on freedom of speech and democratic values.

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Constitutional Law Freedom of Speech and Expression Criminal Law IPC Section 153-A Fundamental Rights Democratic Values

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