MADURAI: The Madurai Bench of Madras High Court on Friday quashed an FIR registered against a man for making derogatory remarks on social media against the late Chief of Defence Staff (CDS), General Bipin Rawat, while commenting on his death last month.
Hearing the petition to quash the FIR filed by G Sivarajaboopathi of Kanniyakumari, Justice GR Swaminathan opined that though the comment was in bad taste, it does not make out the offences mentioned in the FIR.
The judge noted that Sivarajaboopathi had been booked under Sections 153 (Provoking with the intention to cause riot), 505(2) (Statements creating or promoting enmity between classes), and 504 (Intentional insult with intent to provoke breach of the peace) of the IPC.
The FIR was registered by Cyber Crime Police, based on a complaint lodged by Dharmaraj, a practicing advocate from Nagercoil.
“No doubt the message posted by the petitioner is in bad taste and lacks fundamental civility. But the moot question is whether the act committed by the petitioner would warrant criminal prosecution,” Justice Swaminathan observed.
He pointed out that Section 153 of IPC would be attracted only if the petitioner does an act in order to provoke a riot. “In my view, the comment made by the petitioner does not amount to such a provocation,” he added. Likewise, Sections 504 and 505 (2) of IPC are also not attracted, the judge further noted.
Hence, he allowed the petition and quashed the FIR.