"Freedom Of Speech Foundation Of Strong Democracy": P&H HC Grants Bail To Man Over Alleged Objectionable Speech Against Haryana CM
3 years, 5 months ago

"Freedom Of Speech Foundation Of Strong Democracy": P&H HC Grants Bail To Man Over Alleged Objectionable Speech Against Haryana CM

Live Law  

The Punjab and Haryana High Court today granted Bali to a farm leader who allegedly delivered an objectionable speech against the Chief Minister of Haryana, Manohar Lal Khattar.Granting him bail, the Bench of Justice Avneesh Jhingan noted thus:"Suffice to say that freedom of speech is a fundamental right and makes a foundation for a strong democracy. The Punjab and Haryana High Court today granted Bali to a farm leader who allegedly delivered an objectionable speech against the Chief Minister of Haryana, Manohar Lal Khattar. Granting him bail, the Bench of Justice Avneesh Jhingan noted thus: "Suffice to say that freedom of speech is a fundamental right and makes a foundation for a strong democracy. One Dalbir, a farm leader moved the Punjab and Haryana High Court seeking regular bail in two FIRs under Section 124-A, 153-A, 294, 504, 500, 506, 505 of IPC of the Indian Penal Code, 1860 and under Sections 294, 504, 500, 506 and 505 IPC.

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History of this topic

Holding Multiple Inquiries On Same Allegations Amount To Violation Of Article 21: Punjab & Haryana High Court
1 week, 3 days ago

Holding Multiple Inquiries On Same Allegations Amount To Violation Of Article 21: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court granted anticipatory bail in fraud and Prevention of Corruption Act case to a Junior Engineer posted in Municipal Council Khanna, accused for committing embezzlement of Rs. Justice Sandeep Moudgil said, "multiple inquires on same set of allegations would amount to violation of Article 21 of the Constitution of India added with the fact that …

Freedom Of Speech Not License To Transgress Limits Of Decency: Madras High Court Denies Anticipatory Bail To AIADMK Women's Wing Leader
3 weeks, 4 days ago

Freedom Of Speech Not License To Transgress Limits Of Decency: Madras High Court Denies Anticipatory Bail To AIADMK Women's Wing Leader

Live Law  

Dismissing the anticipatory bail petition filed by AIADMK's State Deputy Secretary of the Women's Wing- Amudha, the Madras High Court highlighted that though the Constitution of India guarantees the fundamental right of speech and expression however this right cannot be taken advantage of to cross the limits of decency. While doing so, Justice AD Jagadish Chandira also noted that the …

HC rejects pre-arrest bail plea of actor accused in ‘hate speech’ case
1 month, 3 weeks ago

HC rejects pre-arrest bail plea of actor accused in ‘hate speech’ case

Hindustan Times  

Chennai: The Madras high court on Thursday dismissed the anticipatory bail application filed by actor Kasturi for a case filed against her for making derogatory remarks against the Telugu speaking community in Tamil Nadu. During the hearing, justice N Anand Venkatesh of the Madurai bench of the Madras high court said: “The speech made by the petitioner clearly hovers around …

Bail to Arvind Kejriwal: Accused has the right to remain silent during interrogation, says Justice Bhuyan
3 months, 3 weeks ago

Bail to Arvind Kejriwal: Accused has the right to remain silent during interrogation, says Justice Bhuyan

The Hindu  

Supreme Court judge, Justice Ujjal Bhuyan, in his separate opinion allowing bail to Delhi Chief Minister Arvind Kejriwal on Friday, upheld the right of an accused to remain silent during interrogation. Justice Bhuyan, in his separate opinion on the two-judge Bench headed by Justice Surya Kant, observed that an investigating agency cannot presume guilt or make an adverse inference against …

In Pre-Arrest Bail Plea, Court Can Ask Police To Intimate Intention To Not Arrest Accused So That Liberty Is Not "Tricked" Later: P&H High Court
8 months, 1 week ago

In Pre-Arrest Bail Plea, Court Can Ask Police To Intimate Intention To Not Arrest Accused So That Liberty Is Not "Tricked" Later: P&H High Court

Live Law  

Dealing with a "unique prayer" seeking fifteen days' advance notice in case the investigator proposes to arrest the accused in a corruption case, the Punjab & Haryana High Court said that if a pre-arrest bail plea is filed and investigators take a stand that they do not intend to arrest, then the Court can direct them to inform the accused …

We cannot call ourselves a democracy if there is no freedom of speech in Parliament: Congress
1 year, 10 months ago

We cannot call ourselves a democracy if there is no freedom of speech in Parliament: Congress

The Hindu  

Renewing the attack on the BJP government and the presiding officers of both Houses of Parliament, the Congress on Sunday said that recent decisions of expunging portions of speeches by Congress president Mallikarjun Kharge and former president Rahul Gandhi are brazenly undemocratic as also the suspension of Rajya Sabha MP Rajani Patil without following the due procedure. Speaking at a …

Courts Have No Power to Add Restrictions to Constitutional Provision of Free Speech: Supreme Court
2 years ago

Courts Have No Power to Add Restrictions to Constitutional Provision of Free Speech: Supreme Court

News 18  

Courts have no power to add restrictions to the ones already stipulated under Article 19 of the Constitution of India depicting free speech, the Supreme Court held, adding that courts are instead “gate-keepers” and “conscience keepers” that strictly check the entry of restrictions into the temple of fundamental rights. The court extrapolated the restrictions which are already present on free …

No additional restrictions can be imposed on freedom of speech of public functionaries: SC
2 years ago

No additional restrictions can be imposed on freedom of speech of public functionaries: SC

India Today  

The Supreme Court on Tuesday ruled that no additional restrictions other than those which are permissible under article 19 of the Indian constitution can be imposed on the free speech of public functionaries. A five-judge Constitution Bench ruling came on the issue to decide if greater restrictions could be imposed on the right to free speech of ministers, MPs, MLAs …

Welcome relief: The Hindu Editorial on bail to Mohammed Zubair
2 years, 5 months ago

Welcome relief: The Hindu Editorial on bail to Mohammed Zubair

The Hindu  

There is a sense of relief among everyone who values personal liberty and free speech, following the grant of interim bail to Mohammed Zubair, co-founder of fact-checking website Alt News. Further, some obviously trivial and absurd cases of insulting religious feelings based on innocuous tweets have made it quite clear that the investigation is not so much about what he …

Kerala: PC George sent to 14-days remand in hate speech case
2 years, 7 months ago

Kerala: PC George sent to 14-days remand in hate speech case

New Indian Express  

THIRUVANANTHAPURAM: Former MLA and Janapaksham leader P C George, who was arrested for violating the bail conditions in the Thiruvananthapuram hate speech case, has been remanded to judicial custody for 14 days by the Judicial First Class Magistrate Court. George was subjected to medical examination in the police van itself by the staff and his covid test result turned negative …

Supreme Court Grants Bail To Jitendra Tyagi In Dharam Sansad Hate Speech Case For 3 Months On Medical Grounds
2 years, 7 months ago

Supreme Court Grants Bail To Jitendra Tyagi In Dharam Sansad Hate Speech Case For 3 Months On Medical Grounds

Live Law  

The Supreme Court on Tuesday granted bail to Jitendra Tyagi alias Wasim Rizvi in the case for allegedly making anti-Muslim hate speeches at the Haridwar Dharam Sansad on medical grounds for three months. The Court however directed him to give an undertaking that he would not indulge in hate speech and not give any statement to electronic/digital/social media A bench …

Hate speech case: Delhi HC grants bail to organiser of Jantar Mantar event
3 years, 3 months ago

Hate speech case: Delhi HC grants bail to organiser of Jantar Mantar event

India TV News  

The Delhi High Court on Friday granted bail to Preet Singh, one of organisers of an event at Jantar Mantar where communal slogans were allegedly raised last month. Singh, who was remanded to judicial custody on August 10 after his arrest, is accused of creating enmity between different groups and inciting the youth to propagate against a particular religion at …

Delhi Riots: Court Grants Bail To Man Already Released In Similar FIRs; Says His Right To Defend Himself Shall Get Prejudiced If Bail Not Granted
3 years, 3 months ago

Delhi Riots: Court Grants Bail To Man Already Released In Similar FIRs; Says His Right To Defend Himself Shall Get Prejudiced If Bail Not Granted

Live Law  

A Delhi Court has granted bail to one Tinku in a case concerning North East Delhi riots after taking note of the fact that he has already been released and enlarged on bail in five similar FIRs relating to incidents of rioting around the same locality.Observing that his right to defend himself shall get prejudiced if not enlarged on bail, …

"Don't Accept Any Recognition/Felicitations From Anyone": Haryana Court Imposes Condition While Granting Bail To Ram Bhagat Gopal
3 years, 5 months ago

"Don't Accept Any Recognition/Felicitations From Anyone": Haryana Court Imposes Condition While Granting Bail To Ram Bhagat Gopal

Live Law  

A Haryana Court, while granting bail to Rambhagat Gopal in a case registered against him for allegedly making communal speeches at Pataudi in Gurugram imposed a condition on him that he shall not accept any recognition or felicitations from any person or group or society etc. individually or collectively, in connection with this case.Additional Sessions Judge, Gurugram Dr. D. N. …

Haryana Court Grants Bail To Rambhagat Gopal In Alleged Communal Speech Case
3 years, 5 months ago

Haryana Court Grants Bail To Rambhagat Gopal In Alleged Communal Speech Case

Live Law  

A Haryana Court has granted bail to Rambhagat Gopal in a case registered against him for allegedly making communal speeches at Pataudi in Gurugram. Gopal was arrested in this case for allegedly making provocative comments at a mahapanchayat in Pataudi wherein he allegedly provoked people to abduct Muslim girls and to. Gopal was arrested in this case for allegedly making …

"Time To Give Message To Anti-Socials Who Spread Hatred Based On Religion By Hate Speech": Gurugram Court Denies Bail To Rambhagat Gopal
3 years, 5 months ago

"Time To Give Message To Anti-Socials Who Spread Hatred Based On Religion By Hate Speech": Gurugram Court Denies Bail To Rambhagat Gopal

Live Law  

A Gurugram Court today dismissed the Bail Plea filed by Rambhagat Gopal while observing that the faith of common man has to be restored that the State is having the Secular character and not in support of such kind of persons, promoting hatred and enmity in the name of religion, caste etc. "It is the time to give a strong …

"No Citizen Can Have Unfettered Liberty To Celebrate Republic Day As The Petitioner Did": Delhi Court Denies Bail To Man Who Carried Big Sword At Red Fort During Farmers Protest
3 years, 9 months ago

"No Citizen Can Have Unfettered Liberty To Celebrate Republic Day As The Petitioner Did": Delhi Court Denies Bail To Man Who Carried Big Sword At Red Fort During Farmers Protest

Live Law  

A Delhi Court recently denied bail to one Preet Pal Singh, a 37 year old man, who was allegedly seen in the photographs and videos carrying a big sword and waving the same at the rampat of Red Fort on 26th January in connection with the violence that broke out in the National capital in the wake of farmer's protest …

Freedom Of Speech Doesn't Entitle A Person To Make Derogatory Remarks Against Any Community/Gender: P&H High Court
4 years, 1 month ago

Freedom Of Speech Doesn't Entitle A Person To Make Derogatory Remarks Against Any Community/Gender: P&H High Court

Live Law  

"Freedom of speech does not entitle a person to make derogatory remarks/posts against any community or gender", remarked the Punjab & Haryana High Court on Thursday. The Bench of Justice Alka Sarin made the above-said observation while dismissing a petition for grant of regular bail to the Petitioner under Sections 153-A, 295-A and 505 of the Indian Penal Code, 1860 …

BJP State Chief, RSP Leader Move HC Over Controversial Kerala Police Act Amendment
4 years, 1 month ago

BJP State Chief, RSP Leader Move HC Over Controversial Kerala Police Act Amendment

News 18  

BJP Kerala state unit chief K Surendran and RSP leader Shibu Baby John on Monday filed separate pleas in the Kerala High Court, challenging the constitutional validity of an amendment to the Police Act brought by the state’s ruling CPI-led LDF government. In his plea, Surendran sought to declare the newly inserted Section 118A in the Kerala Police Act, 2011, …

Freedom Of Speech Doesn't Mean That One Can Go To The Extent Of Making Wild And Malicious Allegations: P&H HC Denies Pre-Arrest Bail To Youtuber [Read Order]
4 years, 2 months ago

Freedom Of Speech Doesn't Mean That One Can Go To The Extent Of Making Wild And Malicious Allegations: P&H HC Denies Pre-Arrest Bail To Youtuber [Read Order]

Live Law  

While refusing to grant anticipatory bail to a YouTuber, who is accused of having uploaded defamatory content on his channel against a retired military officer, the Punjab and Haryana High Court on Friday observed that "though every citizen of India has got a right to express his views in the matter but then freedom of speech does not mean that …

Derogatory Comments Against Woman Of Malaysian Origin 'For Spreading COVID'; Jharkhand HC Denies Pre-Arrest Bail To Govt. Employee [Read Order]
4 years, 3 months ago

Derogatory Comments Against Woman Of Malaysian Origin 'For Spreading COVID'; Jharkhand HC Denies Pre-Arrest Bail To Govt. Employee [Read Order]

Live Law  

The Jharkhand High Court on Wednesday denied the benefit of Anticipatory Bail to a Government Employee who had uploaded a Facebook Post revealing derogatory comments on a woman of Malaysian origin for spreading Coronavirus along with her photo. The Court observed, "Petitioner is a government employee and it was he who had posted the screenshot of Facebook in his Whatsapp …

'Freedom Of Speech Necessary For Success Of Democracy': Mysuru Court Grants Anticipatory Bail In 'Free Kashmir' Placard Case [Read Order]
4 years, 11 months ago

'Freedom Of Speech Necessary For Success Of Democracy': Mysuru Court Grants Anticipatory Bail In 'Free Kashmir' Placard Case [Read Order]

Live Law  

A Mysuru court on Monday granted anticipatory bail to students Nalini Balakumar and Mardevaiah Shivanna, who were booked for sedition for holding a "Free Kashmir" placard at a protest against the attack in Jawaharlal Nehru University. Therefore, it is the duty of every citizen to respect the law and the Law Enforcement Agencies and to see that in the protest …

SC to examine if free speech can be curtailed
5 years, 2 months ago

SC to examine if free speech can be curtailed

Deccan Chronicle  

New Delhi: The Supreme Court on Wednesday commenced hearing on the question whether a minister or a person holding a public office could be saddled with additional restrictions, beyond those provided under the Constitution, on his freedom of speech curbing him from commenting on the matters being investigated by the state agencies. Addressing the question whether “reasonable restriction” spelled out …

Right To Get Anticipatory Bail Is Not Any Fundamental Right, Says Punjab & Haryana HC [Read Order]
5 years, 6 months ago

Right To Get Anticipatory Bail Is Not Any Fundamental Right, Says Punjab & Haryana HC [Read Order]

Live Law  

Right to get anticipatory bail is not any fundamental right, remarked the High Court of Punjab and Haryana while rejecting an application filed by a man involved in a case registered under the Narcotics Drugs & Psychotropic Substances Act, 1985. Justice Rajbir Sehrawat observed that the statutory power of granting pre-arrest bail is so extraordinary that it is not even …

SC’s Approach to Mamata Meme Case Endangers Freedom of Speech
5 years, 7 months ago

SC’s Approach to Mamata Meme Case Endangers Freedom of Speech

The Quint  

Now look, nobody is asking the Supreme Court to play interventionist in this issue and quash this unwarranted FIR, even though it would be nice to see the courts take a no-nonsense stand on these kind of frivolous complaints which are clearly meant to curtail the fundamental right to freedom of expression. All that needed to happen here was for …

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