New
Delhi:
The Supreme Court Monday asked a petitioner to bring to its notice the cases
registered and people arrested for allegedly pasting posters critical of Prime
Minister Narendra Modi in connection with the vaccination drive against
COVID-19.
The
top court said it cannot issue blanket orders to police not to register FIRs
over the pasting of posters criticising the Centre's vaccination policy.
A
bench of Justices DY Chandrachud and M R Shah gave petitioner Pradeep Kumar
Yadav a week to bring to its notice individual cases registered against people
and said that he should have done his homework instead of just relying on newspaper
reports.
Pradeep
Kumar Yadav said cases have been lodged in NCT of Delhi, Uttar Pradesh, Madhya
Pradesh, and Lakshadweep, and police may be directed to give a copy of the FIR
to him.
The
bench said, “We also read newspapers. The Lakshadweep controversy was something
different. The woman in question was granted anticipatory bail from Kerala High
Court. Don't bring that controversy in this matter. You tell us about the cases
registered in Delhi and other places”.
The
top court refused to issue any direction to the police saying it would amount
to issuing notice to them.
“You
should do your homework. We are not issuing any direction to the police,” the
bench said and posted the matter for further hearing next week.
Pradeep
Kumar Yadav has filed a plea seeking to quash the FIRs registered by Delhi
Police for allegedly pasting posters critical of PM Modi in connection with the
vaccination drive against COVID-19.
He
has sought direction from Delhi Police Commissioner not to register any further
cases/FIRs with regard to COVID-19 posters /advertisements/ brochures which
have surfaced in context to the ongoing vaccination drive.
Pradeep
Kumar Yadav, who is also a practicing advocate, has said that he is seeking the
indulgence of this court to intervene with the “illegal arrest of the innocent
general public” for their speech and expression by way of pamphlets affixed on
the wall which is now spread in social media.
He
said the court has held in a catena of cases that freedom of speech and
expression with regard to the public cause is a fundamental right of every
citizen guaranteed under the Constitution of India.
The
advocate referred to the top court's 2015 verdict in the Shreya Singhal case in
which section 66A of the IT Act was quashed and the recent order in suo motu
case on COVID management, in which state authorities were directed not to
register any criminal case against the public seeking medical help in the
social media.
“In
contrast to decisions of this court the authorities are registering FIR against
the innocent persons over their hate speech against the Prime Minister with
regard to his official functions during the second wave of COVID-19 crisis and
Government vaccine policies,” the plea has said.
The
petitioner claimed that at least 25 FIRs have been registered and 25 people
have been arrested in connection with posters that have surfaced across the
capital.
“The
petitioner herein is seeking quashing of FIR/ complaint, direction to the
Commissioner of Police, DGP, not to register any other case/ FIR in relation to
COVID-19 posters /Advertisement/ brochures surfaced in context to vaccination
and case as the citizen has questioned about the status of vacations policy”,
the plea said.
It
said that the FIRs have been lodged under IPC Sections 188 (disobedience to
order duly promulgated by public servant), and 269 (negligent act likely to
spread infection of disease dangerous to life), and those under the Delhi
Prevention of Defacement of Property Act and Epidemic Act.
The
petition has said that a 19-year-old school dropout youth, a 30-year-old
e-rickshaw driver, a 61-year-old maker of wooden frames are among the 25 people
arrested by Delhi Police for allegedly pasting posters with comments critical
of the Prime Minister regarding the COVID vaccination drive.
The
plea has also sought directions to the Centre and Delhi police commissioner for
calling of records about the FIRs registered in the matter.
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