Social Media Posting Is A Fundamental Right, Rules Tripura High Court

In a landmark judgment, the Tripura High Court ordered the police to refrain from prosecuting a man who was arrested over a social media post.

Chief Justice Akil Abdulhamid Kureshi prohibited the police from making any further arrest in connection with the case stating that posting on social media tantamounts to “fundamental right” applicable to all individuals as well as government employees.

The judgment comes in favour of Arindam Bhattacharjee, a Congress youth activist, who was arrested and allegedly harassed. Bhattacharjee on a Facebook post had criticised the Bhartiya Janata Party’s online campaign in support of the Citizenship Amendment Act (CAA) and also warned people against giving missed calls on the toll-free CAA number.

“If you call 8866288662, all your data would go to hackers,” said the post.

Responding to the post, BJP state media in-charge Victor Shome filed a First Information Report (FIR) against Bhattacharjee with West Agartala Police Station accusing him of spreading misinformation.

In compliance with the High Court’s order, the police have now erased Sections 120(B) and 153(A) of the Indian Penal Code (IPC) from the relevant FIR to repeal the case.

In another significant judgment from, the Chief Justice while dismissing an inquiry against a retired employee ruled that government employees can attend political programmes including meetings, rallies, and post their views on social media platforms without incurring any punitive measure under Rule 5 of the Tripura Civil Services (Conduct) Rules, 1988.

The court order stated, “ During election times as is well known, political parties and their leaders as well as nominated candidates take out rallies and address public gatherings. Every person who is present in the audience during such addresses cannot be stated to have participated in the rally.”

“A student of politics, an enthusiastic young man, a reporter or just a curious bystander all are likely to be present in any political gathering. Even an opponent or a critic of a political party may also attend the gathering. Her mere presence at a gathering, therefore, without any further allegation, would not amount to her participating in such political gathering.”

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