VidhiSangh

Supreme Court of India · 25/03/2021

PATRICIA MUKHIM versus STATE OF MEGHALAYA & ORS.

[2021] 7 S.C.R. 65 · 2021 INSC 213

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Summary

The Supreme Court quashed the FIR against journalist Patricia Mukhim for a Facebook post demanding action after an attack on non-tribal youths in Meghalaya. Read as a whole and in context, the post called for equality and lawful accountability, expressly rejecting community identification of criminals. It did not disclose the intention or incitement required for the charged communal-hatred offences. Criticism of official inaction could not on these facts be treated as hate speech.

Issues

  1. Whether the Facebook post, read in full and in context, disclosed offences under sections 153A and 505(1)(c) IPC justifying continuation of the FIR.

Provisions considered

Held

Result

Appeal allowed; High Court judgment set aside. FIR in Laban Police Station Case 72(7)2020 dated 6 July 2020 quashed.

Judgment PDF: Supreme Court of India, [2021] 7 S.C.R. 65.