Clearly, freedom of speech and expression is coming under attack with alarming frequency across the country. Most assaults are directed at common social media users who air opinions, more often than not, in language that is less than civil. Unfortunately, though they do not mean harm, many have faced the wrath of the powers that be. Against this backdrop, the recent verdict of the Telangana High Court in Nalla Balu (2025) is a grim reminder. It is time we find a way to protect our rights and ensure some semblance of civility in social discourse.
The case began with the arrest of a social media user sympathetic to the Bharat Rashtra Samiti, who posted critical comments against the ruling Congress. The court quashed the FIRs, finding the allegations—including incitement and public mischief—to be baseless. The court cited Supreme Court rulings and issued specific guidelines to prevent police abuse of power. The key legal point clarified is that criticism, even if offensive, is protected under Article 19(1)(a) of the Constitution, so long as there is no intent or threat to incite law and order issues.
The court’s guidelines provide a common-sense approach. It is blindingly obvious that police must conduct an inquiry to verify the complaint and determine if the complainant is, in fact, the aggrieved person before proceeding further. And, any FIR could be registered for the alleged offence of seeking to promote enmity or public disorder if there is prima facie evidence. Most important is the court’s insistence that arrest cannot be the norm. The Supreme Court, in several rulings, including the Shreya Singhal case (2015), has pointed to a similar conclusion.
There are other aspects to consider. The judiciary noted that there is a need for the Centre or the States to develop legislation or guidelines on the use of social media. However, we are of the view that many victims post offensive content, carried away by the polarising stance taken by political parties or ideologues. The onus, hence, is on the latter to exercise restraint. And the police should not act to please their political masters. After all, we are no longer in the British Raj.
