Allahabad High Court cautions against media posts that damage social fabric

The Allahabad High Court recently voiced a note of caution against publications in print or digital media platforms that may damage the social fabric of society [Yasar Shah v. State of UP]..A Bench of Justices AK Srivastava-I and AR Masoodi was hearing a plea to quash a first information report (FIR) filed against Samajwadi Party leader Yasar Shah.The Uttar Pradesh police have reportedly accused him of forming multiple groups and spreading rumours on Twitter about a paper leak related to the Uttar Pradesh Constable Exam, 2024.Shah subsequently moved to the High Court, seeking the quashing of the FIR against him and protection from arrest.On August 29, the Court noted that the case raised a crucial question about the role of media in a democracy,"Nothing in the society must be allowed to pass through any media which may damage the coherence of social fabric open to be tested on the touchstone of healthy competition driven on the wheels of social and constitutional moralities," the Court said. .Considering the political nature of the case, the Court also expressed concern over whether the spirit of healthy competition is being observed by the ruling regime and opposition leaders. "Democracy essentially has two facets. One facet of democracy at the helm of affairs, which tries its best to provide good governance for the welfare of the State. The other facet of democracy is the opposition, which essentially must have the force of alarming the facet of governance to attempt and achieve better outcomes through the process of law in order to satiate public good. It is unfortunate that this competitive atmosphere is not observed by the public representatives, past or present, whosoever are responsible to make the citizens aware or sensitive to the public cause," the Court said. .The Court further hinted that it may issue guidelines on the aspects highlighted by it. "The governance through democracy is obliged to promote ideas and verbal discussions of light and not darkness. All these aspects of the matter satisfy us that the matter at hand requires requisite consideration and guidelines to be rendered by this Court in the interest of justice and keeping in view the importance of social welfare, peace and tranquility in the society," it said. .The Court proceeded to adjourn the hearing of Yasar Shah's plea till September 4, after seeking the State's response. The Court made a prima facie observation that Shah did not appear to have any significant role to play in the alleged cheating case, save for his posting a tweet that was deleted even before the FIR was filed against him. The Court added that it may consider the question of interim relief in the next hearing.Advocates Nadeem Murtaza, Harsh Vardhan Kediya and Suryansh Singh Suryavanshi appeared for Shah. .[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.