JAVED AHMED HAJIM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule is made returnable forthwith. With the consent of the parties, the petition is taken up for final disposal at the stage of admission itself.

(2.) The petitioner is a Professor in Sanjay Ghodavat Collage. There is a whatsapp group comprising parents-teachers organization and the petitioner is a member of this whatsapp group. It is alleged that between 13/8/2022 and 15/8/2022, the petitioner being a member of this whatsapp group, created whatsapp status giving two messages namely; (1) AUGUST 5 BLACK DAY JAMMU & KASHMIR and (2) 14th August Happy Independence Day Pakistan. It is further alleged that below the first message displayed as status of the petitioner on whatsapp application in petitioner's handset was written "Article 370 was abrogated, we are not happy". On the basis of these allegations, Hatkanangale Police Station, Kolhapur registered an offence punishable under

(3.) Learned counsel for the petitioner submits that here is the case where the petitioner has not circulated any derogatory message much less any message with the intention of promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever or bringing about disharmony or feeling of hatred or ill-will between different religious, racial, language or rational groups or castes or communities. He submits that by these status messages, the petitioner did not commit any act which would be prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquility.