Browsing: Article 19(1)(a) freedom of speech
The Rajasthan High Court, in Kamlesh Mandoliya v. Vikas Divyakirti, stayed defamation proceedings against Dr. Vikas Divyakirti over alleged derogatory remarks about the judiciary in a viral lecture video. The Ajmer court had summoned him under Section 356 of the Bharatiya Nyaya Sanhita for criminal defamation, rejecting his free speech defense. However, Justice Sameer Jain observed that the comments were made in an academic context and fell within Article 19(1)(a) protections. The High Court halted the trial court’s actions pending further hearing, highlighting the balance between free expression and protecting judicial reputation in the digital era.
The Bombay High Court denied anticipatory bail to a Pune schoolteacher accused of sharing inflammatory WhatsApp content, including a burning national flag and derogatory remarks about the Prime Minister. Justice R.N. Laddha held that such acts could disturb public order and communal harmony, warranting custodial investigation. Citing relevant BNS provisions and the Prevention of Insults to National Honour Act, the court stressed that freedom of speech under Article 19(1)(a) is subject to reasonable restrictions. It also emphasized teachers’ heightened responsibility as role models, noting that anticipatory bail is an exceptional remedy not justified in this case.
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