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Bombay HC rejects Kashmiri professor’s plea to quash FIR for WhatsApp status on Article 370

Press Trust of india by Press Trust of india
April 15, 2023
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Srinagar: The Bombay High Court has rejected a plea to dismiss an FIR against a young Kashmiri professor who was charged for his WhatsApp status that referred to the abrogation of Article 370 as a “black day” for Jammu and Kashmir.

The court stated that the status was posted without any critical analysis or reasoning of the decision taken by the Central government, which led to the professor committing an offence under Section 153A of the IPC, reported Bar and Bench.

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The court further noted that the message had the potential to play with the emotions of various groups in India, and caution must be exercised in such matters.

The professor, Javed Ahmed Hajam, was accused of promoting enmity between two groups and was subsequently booked by the police in Kolhapur.

The court emphasized the importance of expressing dissenting views after proper analysis and providing reasons to avoid stirring up emotions, which could result in ill-will and hatred. The matter of whether the WhatsApp message led to consequences under Section 153A of the IPC will be determined during the trial.

 

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