JAVED AHMAD HAJAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) A First Information Report (for short, 'the impugned FIR') was registered against the appellant for the offence punishable under Sec. 153-A of the Indian Penal Code, 1860 (for short, 'the IPC'). The appellant filed a writ petition before the High Court of Judicature at Bombay for quashing the FIR. By the impugned judgment dtd. 10/4/2023, the High Court has dismissed the writ petition.

(2.) The appellant was a Professor at Sanjay Ghodawat College in District Kolhapur, Maharashtra. He came to Kolhapur for employment. Earlier, he was a permanent resident of District Baramulla, Kashmir. The appellant was a member of a WhatsApp group. The allegation of commission of offence is based on what was seen on his WhatsApp status. The State Government has set out the precise text appearing on the WhatsApp status of the appellant in its counter affidavit. Clauses (c) and (d) of paragraph 3 of the counter affidavit read thus:

(3.) By the impugned judgment, the Division Bench of the High Court held that what was stated by the appellant regarding celebrating Independence Day of Pakistan will not come within the purview of Sec. 153-A of the IPC. However, the other objectionable part can attract the offence punishable under Sec. 153-A of the IPC.