Freedom of speech and expression not an 'absolute right', says Bombay High Court

The Bombay High Court on Friday observed that freedom of speech and expression guaranteed to the citizens through Article 19 of the Constitution was not an absolute right, and came with restrictions. The High Court observed this after listening to a petition of a woman seeking interim protection from arrest for allegedly sharing a caricature of Chief Minister Uddhav Thackeray and his son Aditya Thackeray on Twitter. 

The bench headed by Justices SS Shinde and MS Karnik refused to grant the women interim protection, however, asked the state government to assure that she is not arrested till the matter is brought up for the next hearing in two weeks. 

"This has now attained a political colour and for every tweet I have an FIR registered. I am having to run from pillar to post,"  her advocate Chandrachud said.

The plea was filed by the woman named Sunaina Holey who had allegedly made offensive and defamatory comments against the Chief Minister and his son on Twitter. She was immediately arrested in August and then released on bail, however, Holey approached the Bombay HC seeking that all the charges against her be dropped.

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Sunaina Holey, 38, a Navi Mumbai resident, has been charged under IPC sections 505 (2) for statements creating or promoting enmity, hatred or ill-will between classes and 153 (A) for promoting enmity between different religious groups, and under relevant sections of the IT Act.

The bench, however, reminded that one's right to free speech and expression under Article 19 is not absolute. "Perhaps citizens are under the impression that freedom of speech and expression is an absolute right, without any restrictions," the bench said slating the matter for next hearing on September 29.

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(With PTI Inputs)