A significant Pune court ruling has affirmed that criticising the government or chief minister does not amount to "waging war" against the nation, upholding fundamental freedom of speech rights for citizens.
Key Points
- A Pune court has granted bail to NCP-SP office-bearer Mahadev Balgude.
- The court ruled that criticism of government or chief minister is not "waging war" against the nation.
- Citizens possess the fundamental right to comment on and criticise government actions.
- Applicability of Bharatiya Nyaya Sanhita Section 152 in this case was deemed "debatable".
A Pune court has granted bail to an NCP-SP office-bearer, stating that criticism of the government or the chief minister, by itself, cannot be construed as "waging war" against the nation.
Every citizen has the right to comment on, compliment and criticise the government's actions, Additional Sessions Judge B D Kulkarni said on July 14, Tuesday, while allowing NCP-SP functionary Mahadev Balgude's bail plea.
Understanding The Charges Against Balgude
Balgude, the state head of the social media wing of Sharad Pawar-led NCP-SP, was arrested in April this year on charges of circulating morphed photos of Maharashtra Chief Minister Devendra Fadnavis on social media platforms and also posting content allegedly sympathetic to Naxalites.
Among other sections, Balgude was booked under Section 152 of the Bharatiya Nyaya Sanhita (BNS), which deals with purposely or knowingly endangering the sovereignty, unity, and integrity of India.
The court noted that the case papers showed the applicant had questioned the investigation process in certain cases and the functioning of government schemes, which fell within the realm of public discourse.
"Nothing on record suggests that the accused has declared or incited waging war against the State or committed any act endangering the sovereignty, unity and integrity of India," it observed.
Court's Rationale For Granting Bail
The applicability of BNS Section 152 in the present case was "debatable", and the remaining offences invoked against the accused were bailable, the judge noted.
The investigation was over, and the chargesheet had been filed, the court said, adding that no further custodial interrogation of the accused was required.
Granting bail, the court directed Balgude to execute a personal bond of Rs 25,000 with one or two sureties.
It also directed him not to tamper with evidence or influence witnesses, to furnish his residential address and mobile number to the investigation officer, and not to leave the country without prior permission of the court.
Balgude's lawyer Sameer Shaikh argued the case was politically motivated and that criticism of the government was protected under the fundamental right to freedom of speech and expression.
He submitted that the investigation had been completed and there was nothing further to be recovered from the accused. The prosecution opposed the plea, contending that the accused had used objectionable language in the social media posts and committed offences against the State.
