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Free speech doesn't cover abusing Prime Minister: High Court

 Duty Of Citizens To Respect The Prime Minister: Kerala High Court

Observing that "the Constitution recognises freedom of speech but this right doesn't extend to hurling abuses against the Prime Minister & other Ministers", the Allahabad HC has refused to quash an FIR lodged against one Mumtaz Mansoori of Jaunpur. Mansoori had been booked for making derogatory remarks against PM Narendra Modi, home minister Amit Shah and other ministers on social media.

Dismissing Mansoori's plea, a division bench comprising Justice Ashwani Kumar Mishra & Justice Rajendra Kumar observed, "Although the Constitution of this country recognises freedom of speech with every citizen, but such right does not extend to hurling abuses or making derogatory remarks against any citizen, much less the PM or other ministers of the Government of India (sic)."

It was alleged in the FIR registered in 2020 that Mansoori used highly derogatory remarks against Modi, Shah & other Union ministers. He had been booked under IPC Section 504 (intentional insult with intent to provoke breach of peace) & Section 67 of IT Act (punishment for publishing or transmitting obscene material in electronic form). 

Subsequent to this, a criminal case was registered against Mansoori at Meerganj police station. Challenging the FIR, Mansoori had moved the high court with a plea to get it quashed.

However, refusing to quash the FIR, the court on July 15 dismissed the writ petition, observing: "The FIR clearly discloses commissioning of cognizable offence. We find no good ground to interfere in the present writ petition filed with a prayer to quash such an FIR. The authorities shall be at liberty to proceed in the matter in accordance with law & conclude investigation at the earliest."  

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