Police action against social media posts: Supreme Court upholds Telangana HC safeguards

The Supreme Court recently upheld a Telangana High Court judgment that laid down detailed operational guidelines restraining police authorities from mechanically registering criminal cases over social media posts, particularly those involving political criticism [State of Telangana vs. Nalla Balu & Anr.].

A Bench of Justices JB Pardiwala and Vijay Bishnoi refused to interfere with both the quashing of criminal proceedings against a social media user and the broader safeguards framed by the High Court to prevent arbitrary police action.

The case arose from a series of first information reports (FIRs) registered in early 2025 against a social media user for posts critical of the ruling Congress government and Chief Minister Revanth Reddy.

The posts, published on the platform X (formerly Twitter), included sharp political criticism, allegations of corruption and abusive language directed at the Chief Minister. Complaints were lodged not by the Chief Minister himself, but by police personnel and third parties, following which multiple FIRs were registered under provisions of the Bharatiya Nyaya Sanhita (BNS) and the Information Technology Act, 2008.

Challenging these FIRs, the accused approached the Telangana High Court seeking quashing of the criminal proceedings.

He argued that the posts were expressions of political opinion protected under Article 19(1)(a) of the Constitution, that none of the statutory ingredients of the offences were made out, and that criminal defamation being non-cognisable, could not be set in motion through police FIRs at the instance of unrelated complainants.

After examining the tweets, the statutory provisions and constitutional law on free speech, the High Court quashed all three FIRs. 

It held that harsh political criticism, even if offensive, does not amount to criminality unless it crosses the threshold of incitement to violence, public disorder, or other clearly defined offences.

The High Court found that the complaints were procedurally flawed, substantively unsustainable and amounted to misuse of criminal process.

Besides quashing the cases, the High Court went a step further and issued a detailed set of operational guidelines for police authorities and judicial magistrates to follow when complaints arise from social media posts. 

These included verification of whether the complainant was an “aggrieved person,” a preliminary inquiry before registering FIRs for speech-related offences, strict protection of political speech, adherence to arrest safeguards, and prior legal scrutiny in sensitive cases.

Aggrieved by this judgment, the State of Telangana approached the Supreme Court challenging the validity and consistency of the guidelines framed by the High Court. 

Before the Supreme Court, Senior Advocate Sidharth Luthra, appearing for the State, contended that the State did not dispute the relief granted to the accused but sought reconsideration of the guidelines, arguing that they were internally inconsistent.

However, after closely examining the guidelines framed by the High Court, the Supreme Court declined to interfere. The bench made it clear that it saw no reason to dilute or modify the safeguards.

The Court explained that it had examined the operational directions “threadbare” and was satisfied that no interference was warranted.

The State was represented by Luthra along with advocates Kumar Vaibhaw, Devina Sehgal, Somaya Gupta, Kushagra Raghuvanshi, Nav Prakash Singh Teji and Aditi Mishra.

Find the detailed guidelines on paragraph 29 onwards from the Telangana High Court judgment.

[Read Supreme Court Order]