Delhi HC: MLA’s statement on J&K, protected under Free Speech

In August 2022, Kerala MLA KT Jaleel made a disputed statement on Twitter alleging the plight of Kashmiri people and calling the Territory of Jammu Kashmir as Indian occupied Kashmir. Advocate G.S. Maini filed a complaint against the same, stating that the statement is an anti-nationalist tweet. The claim was rejected by the Delhi High Court citing it would foster hostility between Muslims and Hindus. It was highlighted that there has not been a breach of public order as a result of the claimed tweet, which has already been deleted.

According to the Court, the right to free speech and expression allows for the unrestricted discussion of issues in democracies. It involves a wide scope of freedom of expression, exchange of ideas and dissemination in the form of information which would help to develop opinions for public concern. The Court condemned the statement in strict words and sought that such statements aspire “undue political mileage”. However, the Court observed that freedom of speech protects the actions which are most offensive to society whereas, the alleged statement even if offensive could not be suppressed. 

Even though Jaleel’s purported statement that “the people of Kashmir are not pleased” is undoubtedly incorrect and it has not been supported by any authority, survey, etc. Moreover, the Court held that it can be regarded as his opinion and is therefore, protected by the fundamental freedom under Article 19 of the Indian Constitution. [G. S. Mani v. Commissioner of Police, Delhi & Ors., Ct. C. No. 08/2022]