Tripura HC stays FIR against man booked for FB post mocking missed-call campaign to support CAA 2019

Tripura HC stays FIR against man booked for FB post mocking missed-call campaign to support CAA 2019

The Tripura High Court on Friday expressed doubts over whether a criminal case can be registered over a Facebook post mocking the missed-call campaign to register support for the Citizenship Amendment Act, 2019.

In the order passed on Friday, Chief Justice Akil Kureshi observes,

In my opinion, there are prima facie grounds for examining further into the matter."

A serious question would be, even if the allegations made in the complaint are taken on their face value, can it be stated that any of the above mentioned offences are made out?
Chief Justice Akil Kureshi

The petitioner in the matter had posted the following post on Facebook:

“By mistake if you make a call in 8866288662, all of your data saved in the mobile would go to hackers. Be alert.... Be alert....”

The police, in turn, arrested the petitioner on the basis of an FIR which alleged that the Facebook post instigates division of religious sentiments, creates an environment of misinformation and public nuisance and that it amounts to rumour mongering for the purpose of a criminal conspiracy. The FIR cited offences under Sections 120B and 153A of the Indian Penal Code.

The petitioner was subsequently released on bail. However, it was following a plea to quash the FIR itself that Chief Justice Kureshi expressed reservations over whether the allegations would amount to an offence at all.

The Court proceeded to issue notice and stay the criminal proceedings against the petitioner.

The matter has been scheduled to be taken up next on February 12.

[Read the Order]

Tripura High Court order - CAA Post - January 10.pdf
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