"Mere Expression Of Derogatory Words Do Not Attract Section 124A or 153A":J&K HC Grants Bail To Councillor Accused Of Making 'Derogatory Remarks' During Indo-China Face-Off [Read Order]
4 years, 5 months ago

"Mere Expression Of Derogatory Words Do Not Attract Section 124A or 153A":J&K HC Grants Bail To Councillor Accused Of Making 'Derogatory Remarks' During Indo-China Face-Off [Read Order]

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The Jammu & Kashmir High Court on Thursday granted bail to an elected Councillor of LAHDC who has been accused of making derogatory remarks against the leadership of the Country and against the Armed Forces of the Country. vs State of Punjab, the High Court observed that mere expression of derogatory or objectionable words may not be a sufficient ground for invoking the provisions contained in Section 124A or 153A of IPC. "It will be premature for this Court to comment on the question whether the alleged conversation made by the petitioner and uploaded on the social media has the tendency of creating disorder or disturbance of public peace by resort to violence. In the case of Balwant Singh the Apex Court had held that mere expression of derogatory or objectionable words may not be a sufficient ground for invoking the provisions contained in Section 124A or 153A of IPC. Court' Analysis The Court was of the opinion that it would be premature for the Court to comment on the question as to whether the alleged conversation made by the petitioner and uploaded on social media has the tendency of creating disorder or disturbance of public peace by resort to violence.

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