KHYYUM KHADIR PATWARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith.

(2.) With the consent of parties, application is taken up for final hearing and disposal at the admission stage itself.

(3.) Before we proceed to decide the present criminal application filed under Sec. 482 of Criminal Procedure Code (for short "Cr.P.C") on the basis of its factual matrix, arguments of the respective lawyers and legal pronouncements of the Hon'ble Apex Court, we must mention that the present application invites the Constitutional Court once again to answer the recurring question that falls in the midst of free speech and criminal law. In a situation to analyze as to when and in what narrow circumstances, can offensive words uttered in the heat of quarrel be leveled from their context and made to bear the weight of an aggravated offence such as one under Sec. 295 A of Indian Penal Code. The issue in our view cannot be answered merely on the basis of facts and circumstances but requires stricter and constitutional principles and safeguards guaranteed by the Constitution of India under Article 19 and also by keeping in mind the aims and object with which Indian legislature has drafted Sec. 295 A of Indian Penal Code (for short ".P.C"). The law does protect religious belief from deliberate and strategic spread of false or misleading information or to be abused so as to cause damage in the society thereby affecting societal peace, law and order situation. However, it definitely does not create a criminal enclave around political leaders or community icons. However, may be the public following of said leader and however unwittingly the insult may be when measured against politeness, respect and courteous behavior to hold otherwise or decide differently. Broader meaning if applied to terms used in Sec. 295A will affect the free speech, encourage unfair use of laws for political gains and turn a small exception into a larger problem. Keeping these safeguards and limitations in our mind, we now proceed to decide the case in hand on these parameters.