Supreme Court refuses to quash FIR for online post against PM, says petitioner abusing fundamental right of free speech

New Delhi: The Supreme Court on Friday declined to quash an FIR against a Bengaluru resident for a social media post against Prime Minister Narendra Modi.

A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi declined to entertain a plea challenging the lodging of an FIR against one Gurudath Shetty for a critical social media post against Prime Minister Modi.

Shetty faced offences under Section 336(4) and Section 79 of the Bharatiya Nyaya Sanhita (BNS).

“The petitioner has brazenly abused the fundamental right of free speech and expression. We cannot extend any discretion or relief at this stage,” the bench said.

However, the court clarified that the petitioner is at liberty to approach the appropriate jurisdictional high court to seek remedies in accordance with law.

Petitioner’s counsel urged the bench to grant a seven-day protection to enable him to approach the jurisdictional high court. The bench made it clear that there is no question of protection.

Shetty’s counsel submitted that he was willing to give an unconditional apology.

“My apprehension is that the moment I reach Gujarat, they will add some non-bailable offence and arrest me," the counsel said.

The counsel submitted that he was not the author of the online post in question and had merely reposted it with a question mark.

The bench asked the counsel whether the petitioner wanted the court to read out the contents of the post in open court.

“You have not shown any remorse. You have no sense of repentance or tendered any apology for your actions towards the people you have abused," the bench told the counsel.

As per the complaint, the content of the post was intended to tarnish the reputation of the Prime Minister.

In the plea, Shetty claimed that on November 10, the Gujarat Police had reached his residence in Bengaluru without any warrant and he was forcibly taken in a car. He said that he was released at midnight and was served with a notice under Section 35 BNSS to appear before the Gujarat Police investigating officer.