Strict rules to be followed in filing FIRs over social media posts: High Court to Telangana police

Quashing three FIRs filed against a social media worker of the BRS party, Justice Tukaramji on Wednesday directed the Telangana police to strictly comply with the principles laid down in a previous case, which specifies certain guidelines for arresting an accused.

Hyderabad: Telangana High Court has ruled that automatic or mechanical arrests are impermissible, and the principle of proportionality in the exercise of criminal process must be observed.

The Telangana police have registered three cases against Nalla Balu @ Durgam Shashidhar Goud, at different police stations, alleging that he posted objectionable messages on social media platforms critical of Chief Minister A Revanth Reddy and the Congress party.

The police, in one of the cases, alleged that the posts by Nalla Balu intended to provoke public unrest, defame the CM, and disturb public tranquility.

Justice Tukaramji, in his order, opined that mere publication of offensive or critical content, without making out a case of an intention to cause the prohibited consequences, is insufficient to proceed with the criminal proceedings.

“Acts that amount to intentional insult likely to provoke breach of peace, online mischief calculated to promote enmity or violence, and defamatory imputations, if duly established would justify continuation of prosecution. Conversely, where the statutory ingredients of the offence are absent, mere political criticism, however harsh, cannot attract criminal sanction,” the order said.

The petitioner's counsel contended that the impugned posts constitute an exercise of the petitioner’s fundamental right to freedom of speech and expression, made on social media purely as expressions of political opinion, without any intent to incite violence or disturb public peace.

In a statement on Wednesday, BRS Working President KT Rama Rao welcomed the verdict, calling the court order "a slap on the Congress’ face".

He alleged that the Congress government has been constantly harassing BRS leaders, cadres and social media activists for the past 21 months by filing frivolous and politically motivated cases.