Telangana HC Stresses 'Free Political Criticism', Says Police Must Not 'Mechanically' File Cases Over Harsh Speech

(MENAFN- Live Mint) The Telangana High Court has instructed police not to mechanically register FIRs in response to“harsh, offensive, or critical political speeches.” The court clarified that for social media posts, FIRs citing promotion of enmity, threats to public order, or sedition should only be filed if a prima facie case exists, as reported by LiveLaw.

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As reported by LiveLaw, Justice N. Tukaramji issued a set of detailed guidelines aimed at protecting fundamental right and ensuring that the criminal justice process is not triggered arbitrarily or without proper grounds.

When a complaint or representation alleges a cognizable offence, the police are required to conduct a preliminary inquiry before registering an FIR. This inquiry must determine whether the statutory ingredients of the alleged offence are prima facie satisfied, noted Telangana HC, as reported by LiveLaw.

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The court clarified that no FIR should be registered in cases alleging promotion of enmity, intentional insult, public mischief, threat to public order, or sedition unless there is prima facie material indicating incitement to violence, hatred, or public disorder, as reported by LiveLaw.

This threshold must be strictly applied in accordance with the constitutional principles laid down by the Supreme Court in Kedar Nath Singh v. State of Bihar (1962 Supp (2) SCR 769) and Shreya Singhal v. Union of India (2015) 5 SCC 1).

“The police shall not mechanically register cases concerning harsh, offensive, or critical political speech. Only when the speech amounts to incitement to violence or poses an imminent threat to public order may criminal law be invoked. Constitutional protections for free political criticism under Article 19(1)(a) of the Constitution must be scrupulously enforced,” said the court, as reported by LiveLaw.

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The HC further noted that as defamation is a non-cognizable offence, the police cannot directly register an FIR or initiate an investigation in such cases. Instead, the complainant must be advised to approach the appropriate jurisdictional Magistrate.

The police shall not mechanically register cases concerning harsh, offensive, or critical political speech.

Police action can only proceed after the Magistrate issues a specific order under Section 174(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

(All the quotes have been reported by Bar and Bench)

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