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Synopsis

A division bench of the Bombay High Court comprising Justice Sunil Shukre and MM Sathaye has recently quashed an FIR filed against a Bengaluru resident who was booked for obstructing a public servant by sending a message to a member of IAS.

The high court was hearing a plea filed by a Bengaluru resident who had sent a message to the Managing Director of Mumbai Metro Rail Corporation Ashwini Bhide saying that the Aarey Forest was green lungs for the city of Mumbai just as Cubbon Park is for the city of Bengaluru and, therefore, he pleaded with the IAS officer to look for alternatives so that the trees, about 3,500 in number, could be saved.

Claiming that the accused had obstructed the officer from discharging his duty, he was booked under the Indian Penal Code and Information Technology Act.

The court while quashing the FIR said that the messages were sent with bona fide intentions.

“It would be clear from the above referred messages that the sender of those messages, who is stated to be the present petitioner, had acted in a bona fide manner, on the basis of what he believed to be an act which was necessary for maintaining the health of the city of Mumbai. His intention appears to be to protect the forest, he considers to be acting like a pair of lungs for the city of Mumbai. These messages do not contain any offensive material or any obscenities” the order read.

Further, the court said that filing of such an FIR against the applicant amounted to an invasion of the rights of the citizen of the country

“Rather, they appear to have been sent in assertion of a democratic right of citizen of this country to put forth his view point, to object, to protest, to persuade, to urge, and so on. It then follows that if anybody is booked for criminal offences such as those as have been registered against the present petitioner, it may amount to an invasion upon the rights of the citizens of this country” the order stated.

Therefore, while quashing the FIR against the Bengaluru resident the court said that the police should never book any ordinary citizen for suppressing their voice against what they consider to be a wrongful thing.

“Such an effort by any complainant, howsoever high he or she may be in position, cannot be countenanced and must be stopped. Upon such a complaint, as the one involved here, police must never book any ordinary citizen of the country under criminal law and if it does, it would be like suppressing his voice against what he considers to be a wrongful thing" the order read.

Case Title: Avijit Michael vs State of Maharashtra