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Supreme Court of India 2021-03-25 allowed

Patricia Mukhim vs State of Meghalaya & Ors

Bench: 2 — L. Nageswara Rao

In Brief

A journalist posted on Facebook criticizing attacks on non-tribal basketball players and calling for government action against the perpetrators. She also expressed concern about historical discrimination. Local authorities filed criminal charges alleging the post promoted communal hatred. The Supreme Court held that the post, read as a whole, expressed anguish about governmental inaction and a plea for equal justice—not an intent to incite hatred between communities. Mens rea (criminal intent) is essential to prove such offences. The Court quashed the FIR, ruling that the right to free speech protects citizens' calls for justice even when expressing discontent about discrimination, provided the speech does not directly incite violence or breach public order.

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Constitutional Law Free Speech and Expression Criminal Law Hate Speech Social Media Defamation Public Order

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