Free speech can't be curtailed on basis of society's objection: Delhi court on KT Jaleel's Kashmir remark
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New Delhi: The freedom of speech could not be curtailed on the basis of the opposition expressed by society, the Delhi High Court observed while dismissing a case filed against Kerala MLA K T Jaleel over his alleged controversial comments on Kashmir.
Additional Chief Metropolitan Magistrate (ACMM) Harjeet Singh Jaspal said that the comments made by the person may be offensive, unpopular and outrageous for others but they should be protected as envisaged in the fundamental freedom of article 19.
Justice Jaspal added that freedom of speech protects the actions, opinions and views which may find offensive to society and that society's outrages alone are not a justification for suppressing free speech.
It was a Facebook post by the CPI (M)-backed legislator and former minister K T Jaleel on his Srinagar visit where he allegedly referred to Pakistan-Occupied Kashmir (POK) as "Azad Kashmir" and Jammu and Kashmir as "India-occupied Jammu and Kashmir", that made a case against him.
"Freedom of speech plays a crucial role in the formation of public opinion on social, political and economic matters. Freedom of speech and expression, just as the equality clause and the guarantee of life and liberty have been very broadly construed by the Supreme Court right from the 1950s. It has been variously described as a "basic human right", "a natural right" and the like. It embraces within its scope the freedom of propagation and interchange of ideas, dissemination of information which would help the formation of one's opinion and viewpoint and debates on matters of public concern," the court said.
The court also referred to the US Supreme Court judgment in connection with a flag-burning case which said, "free speech ought to be protected, though it may be against the popular beliefs of the society or may even be offensive to some."
