SC Refuses to Quash FIR against Bengaluru Man for Online Post against PM
New Delhi: The Supreme Court on Friday refused to quash an FIR against a Bengaluru resident who posted on social media against Prime Minister Narendra Modi, saying he had no remorse or remorse towards those he abused.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi dismissed the plea challenging the filing of an FIR against 24-year-old Gurudath Shetty for making a critical social media post against Prime Minister Modi.
The bench ordered: “The petitioner has brazenly abused his fundamental right to freedom of speech and expression. We cannot extend any discretionary powers or measures at this stage.”
However, the top court said Shetty was at liberty to approach the concerned high court to seek remedies in accordance with the law.
When Shetty’s lawyer again pressed for seven-day protection, the CJI flatly refused, saying, “There is no question of protection.”
Shetty was booked for cognizable and bailable offenses under Section 336(4) and Section 79 of the Bharatiya Nyaya Sanhita (BNS).
Initially, Shetty’s lawyer stated that he was willing to make an unconditional apology and only sought protection for a few days so that he could approach the high court with jurisdiction.
“I just need five to seven days’ notice so that I can protect myself and approach the high court because these are all bailable offences. My worry is that the moment I reach Gujarat, they will add some non-bailable offenses and arrest me,” the lawyer argued.
He added that Shetty was not the author of the online post in question and had merely republished it with a question mark.
The CJI asked the counsel whether the petitioner wanted the court to read the contents of the post in public hearing.
“You have not shown any remorse. You have made no remorse or any apology for your behavior towards the people you abused,” the CJI said.
According to the FIR, the complainant alleged that the content of the post was aimed at damaging the reputation of the chief minister.
In his petition, Shetty stated that the Gujarat Police reached his residence in Bengaluru on November 10 without any warrant and he was forcibly taken into a car.
He said that he was released at midnight and a notice was served on him under Section 35 of BNSS to appear before the investigating officer of Gujarat Police.
Shetty sought quashing of the FIR on the grounds that it was illegal, arbitrary and violated the Constitution and constitutional and legal safeguards under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
