SC refuses to quash FIR against Bengaluru man for online post against PM

New Delhi, Dec 19 (PTI) The Supreme Court on Friday refused to quash an FIR against a Bengaluru resident for making a social media post against Prime Minister Narendra Modi saying he does not have remorse or a sense of repentance for people whom he had abused.

A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi dismissed the plea challenging the lodging of an FIR against 24-year-old Gurudath Shetty for making a critical social media post against Prime Minister Modi.

The bench ordered, "The petitioner has brazenly abused the fundamental right of free speech and expression. We cannot extend any discretion or relief at this stage." The top court, however, said that Shetty was at liberty to approach the appropriate jurisdictional high court to seek remedies in accordance with law.

When Shetty's counsel again pressed for a seven-day protection, the CJI firmly declined, saying, "There is no question of protection." Shetty was booked for cognisable and bailable offences under Section 336(4) and Section 79 of the Bharatiya Nyaya Sanhita (BNS).

At the outset, the counsel appearing for Shetty said that he was willing to give an unconditional apology and submitted that he was only seeking protection for a few days to enable him to approach the jurisdictional high court.

"I just need a five to seven days' notice, so that I can protect myself and approach the high court, because these are all bailable offences. My apprehension is that the moment I reach Gujarat, they will add some non-bailable offence and arrest me," the counsel argued.

He added that Shetty was not the author of the online post in question and had merely reposted it with a question mark.

The CJI asked the counsel whether the petitioner wanted the court to read out the contents of the post in open court.

"You have not shown any remorse. You have no sense of repentance or tendered any apology for your actions towards the people you have abused," the CJI said.

According to the FIR, the complainant alleged that the content of the post was intended to tarnish the reputation of the prime minister.

Shetty submitted in his petition that the Gujarat Police had reached his residence in Bengaluru on November 10 without any warrant and he was forcibly taken in a car.

He said that he was released at midnight and was served with a notice under Section 35 BNSS to appear before the Gujarat Police investigating officer.

Shetty sought quashing of the FIR on the ground that it was illegal, arbitrary and violative of constitutional and statutory safeguards under the Constitution and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. PTI MNL MNL KSS KSS