The Supreme Court, on March 7, dismissed an FIR against a college professor in Maharashtra who labeled the abrogation of Article 370 as a “black day” in a faculty and parent WhatsApp group.
Justice A.S. Oka, leading a Division Bench, emphasized that terming the abrogation as a “black day” constitutes a lawful expression of protest and dissent, protected under Article 21 of the Constitution, as per a report by The Hindu.
Justice Oka further clarified that the professor’s act of dissent cannot be misconstrued as promoting enmity among different classes of people, as outlined in Section 153A of the Indian Penal Code.
The verdict stressed that invoking Section 153A requires an intention to incite hatred among groups, and it should not be misused to suppress dissent.
Moreover, the judgment affirmed citizens’ right to criticize government actions, including the abrogation of Article 370, as part of their freedom of speech and expression.
Regarding the professor’s goodwill gesture towards Pakistan, the court asserted that extending good wishes to citizens of other countries on their Independence Days is a permissible act of goodwill, protected under constitutional rights.