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Supreme Court of India 2021-03-25 allowed

PATRICIA MUKHIM vs STATE OF MEGHALAYA & ORS

Bench: 2 — L. Nageswara Rao, S. Ravindra Bhat

In Brief

A journalist criticized the government and police for failing to act against masked attackers who assaulted non-tribal youth, voicing concerns about discrimination. She was prosecuted for promoting communal hatred. The Supreme Court held that her Facebook post, read in entirety, was a cry for justice and protection of a marginalized group, not hate speech. Critical speech about government inaction and pleas for equality do not constitute offences under Section 153A or 505(1)(c) IPC. The Court quashed the FIR, reaffirming that fundamental right to free speech cannot be restricted by criminal prosecution unless speech actually threatens public order.

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Free Speech and Expression Communal Harmony Hate Speech Criminal Procedure Fundamental Rights Social Media Section 153A IPC Section 505 IPC Public Order

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