Advertisement

Freedom of Speech is not an absolute right, says HC

high court

The freedom of speech and expression as provided under Article 19 of the constitution is not an absolute right, as said by the Bombay High Court on Friday. The court made the statement after monitoring the situation refusing the grant for protection against arrest to a woman who was booked by Palghar and Mumbai police for making offensive remarks on twitter against Chief Minister of Maharashtra Uddhav Thackeray and his son Aditya Thackeray.

Advertising
Advertising

Advertisement
Freedom of Speech

Advertisement

Women alleged with charges will not be arrested for the next two weeks

However, the bench of justices which includes S S Shinde and M S Karnik has accepted the oral assurance of the state government that the women, Sunaina Holey, would not be arrested for the case for the coming two weeks. The court did however added that the following relaxation will be subject to Holey who would have to visit the Azad Maidan and Tulinj Police station in Mumbai and Palghar districts for questioning and would fully cooperate with the probe.

3 FIR’s filed against the women in Maharashtra

The bench has also given Holey the right to approach court the court any time if the state police take any action against the court orders or her any rights are breached. Holey was arrested in August this year for the three FIR’s filed against her one in BKC Cyber police station another in Azad Maidan police station and the third one in Tulinj Police station however she was released on the bail.

The court could not provide protection against arrest

Holey approached Bombay HC through Abhinav Chandrachud seeking that all the charges against her should be dropped. She sought that the court should grant her protection against the arrest under article 19 which gives every Indian citizen the right to Freedom of speech and expression. However, the bench said that interim protection can only be provided for arrest in rare cases.

Also, read Supreme Court rejects the PIL for the postponement of Assembly elections in Bihar