Gujarat High Court Quashes FIRs Against Three Booked For Creating Public Alarm By Forming Telegram Group Advocating Pay Rise For Constables

The Gujarat High Court has quashed criminal charges against three individuals accused of conspiring to incite public panic by allegedly forming a Telegram group to advocate for higher pay and additional service benefits for police constables, after noting that no offence was made out against them in the FIRs. In doing so the high court said that merely because a message is spread, it cant be said that due to this message, public tranquility is put in peril and fear has been created in the minds of people. A single judge bench of Justice Hasmukh D Suthar observed,“Even, it is not a case of the prosecution that, there was a rumour spread by petitioners and there was an act on the part of the petitioners so to create fear or alarm between two group or class of people. Merely because police officials are involved in the group is not a ground that, there was a possibility to create class of two group of people. It is also pertinent to note that police officers will never lose their status of government servant unlike the primary teachers and other government employees who had made a demand of grade pay. They were also intending to get their legal right and grade pay.”“Subsequently, considering various representations of MLAs and various government employees, unions, State has also increased the grade pay and extended the benefit to police officials also. Hence, question does not arise that said message has spread as a rumour and said act is also justifying that the demand made in messages was genuine one", the high court said. Considering this, the court said that the act on the part of the petitioners even if it is taken as is, only amounts to a "fair and bonafide demand or criticism of government"."Except this, no any inference could be drawn hence, no any offence is culled out from the allegations levelled in the FIRs,” Justice Suthar said.BackgroundThe common order was passed in a batch of pleas moved by the three individuals seeking quashing of various FIRs registered in 2020, containing the same set of allegations for offences punishable under Sections 120(B) (criminal conspiracy) and 505(1)(b) of IPC, as well as provisions of the Disaster Management Act and Police (Incitement to Disaffection) Act. Section 505(1)(b) IPC states that whoever makes, publishes or circulates any statement, rumour or report with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquility, shall be punished with imprisonment of three years. The FIRs were filed at the instance of police officials who had alleged that the accused persons by "hatching criminal conspiracy" made the complainant a member of Telegram group–named '2800police_SRPF_Districtwise', without the complainant's knowledge on July 18, 2020. When the complainant checked the account on July 22, 2020 the account was deleted. Subsequently when the complainant verified the admin of the group and other details, it was found that the link was forwarded through www.kapsnet.in. Further, the details of the website were checked and different posts regarding grade pay of police were found, pursuant to which the FIRs were filed. ContentionsOne of the petitioner's argued that he is innocent and had nothing to do whatsoever with the alleged offence. It was argued that recently primary teachers have made huge movement and protest against the government through different social platforms and at last government was ready to give them grade pay of Rs.4200/-. He further submitted that just to express the views by way of creating group or by circulating the rights of the police is not an offence. Further, after the movement of the teachers for the grade pay of Rs.4200/-, police constables also became hopeful and have started the movement for grade pay of Rs.2800/- and circulated the agenda of this demand by way of keeping status as “police2800”. This he said had come to the knowledge of the government and Director General of Police, which had in its July 20, 2020 notification announced that whoever made groups and are circulating such posts will be punished and complaint would be registered. The petitioner submitted that he has not posted any thing in the form of threat or creating any panic situation in the COVID-19 pandemic period and the FIR is nothing but an attempt to suppress the voice of the public.Meanwhile the prosecution argued that the petitioners have committed the breach of public tranquility and fear in the minds of general public during the COVID-19 pandemic period. It was argued that the petitioners have nothing to do with the grade pay or police union though they have formed the group and generated one link and tried to form an association and tried to create a separate class to cause alarm in general public due to which law and order situation was put under peril and petitioners have incited likely to commit the...

Gujarat High Court Quashes FIRs Against Three Booked For Creating Public Alarm By Forming Telegram Group Advocating Pay Rise For Constables

Bhavya Singh

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