Calling Article 370 Abrogation a 'Black Day' Is Protected Dissent, Not Promoting Enmity: Supreme Court Quashes FIR

The appellant, a professor at a college in Kolhapur and earlier a resident of Baramulla, was a member of a WhatsApp group of parents and teachers (para 2). Between 13 and 15 August 2022 his status read 'August 5 – Black Day Jammu & Kashmir' and '14th August – Happy Independence Day Pakistan', and later stated that he was not happy about the abrogation of Article 370 (para 2). An FIR under Section 153-A IPC followed. The Bombay High Court held that the Pakistan greeting fell outside Section 153-A but the rest could attract it, and dismissed his petition to quash the FIR (paras 1, 3).

Following Manzar Sayeed Khan, intention to promote enmity between groups is the gist of the offence, and the words must be read as a whole (paras 6, 10). Their effect is judged by the standard of reasonable, strong-minded people, the test Vivian Bose J. laid down and Ramesh v. Union of India approved (para 6). The words did not refer to any religion, race, place of birth, residence, language, caste or community; they were a simple protest against the abrogation of Article 370 (para 9). Every citizen may criticise that decision or any decision of the State (para 9). If every criticism were an offence under Section 153-A, democracy would not survive, and the right to dissent lawfully is part of Article 19(1)(a) and of a dignified life under Article 21 (para 10). The High Court's fear of stirring up emotions fails: the test is reasonable people, not weak and vacillating minds (para 11). Wishing citizens of Pakistan on their Independence Day is a gesture of goodwill, and motives cannot be attributed to the appellant because of his religion (para 12). Clause (b) also did not apply, so continuing the prosecution would be a gross abuse of process (para 14).