HC sets guidelines for issuing FIRs over social media posts

The Telangana High Court, on Wednesday, prescribed guidelines for police officials and judicial officers to deal with cases relating to social media posts, quashing three cases registered by police against a BRS activist over his comments made through ‘X’ against Chief Minister A. Revanth Reddy.

Justice N. Tukaramji of the HC, allowing the three criminal petitions filed by BRS worker Nalla Balu Durgam Shashidhar Goud, said that such guidelines were the need of the hour to safeguard fundamental rights and prevent invoking of criminal action mechanically or arbitrarily. These guidelines were relevant at the stage of issuing First Information Reports over social media posts.

“In the absence of statutory ingredients of the alleged offences, the registration of FIRs without requisite inquiry or judicial approval is unsustainable in law. I would amount to an abuse of process,” the judge said in his order.

Referring to cases against Nalla Balu, the judge said that the petitioner’s posts did not attract Sections 192, 352 or 353 (1) (b) of BNS or Section 67 of the Information Technology Act. One of the tweets came under the ambit of defamation but the constitutional provisions provide shield to him even on that point, he noted.

The first guideline by the judge said that police authorities must ensure the complainant was qualified to be the ‘person aggrieved’ to lodge a complaint. Verification of the locus standi was a must and complaints by unrelated third parties was unacceptable. Before issuing the FIR, the police officer must conduct a preliminary inquiry to ascertain if prima facie a case was made out.

No case should be registered over allegations of promoting enmity, intentional insult unless prima facie material confirming incitement to violence was available. The police should not mechanically register cases over alleged harsh, offensive or critical political speech. The judge said police should not register cases over complaints of defamation.