Citizens can’t be hauled from 1 part of the country to another for criticising govt: SC

Oct. 29: The Supreme Court on Wednesday said that the ordinary citizens cannot be harassed by the state machinery for criticising the government. After the Kolkata Police summoned a Delhi woman for sharing a Facebook post criticising the West Bengal government for alleged non-enforcement of lockdown norms, the apex court said, “Do not cross the line. Let India remain a free country.”

The Supreme Court said that ordinary citizens cannot be hauled from one corner of the country to another for criticising the government. The woman who was summoned by Kolkata Police had shared a crowded Raja Bazar area scene of Kolkata and questioned the Mamata Banerjee government’s seriousness to enforce the lockdown.

The Supreme Court bench of Justices DY Chandrachud and Indira Banerjee remarked that if police were to issue summons to ordinary citizens in this manner, it will set a dangerous trend forcing Courts to step in and protect the constitutionally guarded fundamental right of free speech under Article 19(1)(a).

On a bare reading of the FIR, the bench remarked, “We will be the first institution in this country to tell citizens that if they have done wrong, they must answer to the law but not for this. We have to be here to ensure ordinary citizens are not harassed like this…We have strong reservations against people being called from one state to another just because they have criticised the government.”

The Bench however agreed to the middle path suggested by the counsel for the state government. It allowed the investigating officer from Kolkata to travel to Delhi to question her. The court also directed the lady to cooperate with the probe.