New Delhi, Sep 17 A Delhi court on Thursday directed the city police to register an FIR regarding alleged derogatory social media posts, saying no opinion is being expressed on the merits of the allegations at this stage.
Chief Judicial Magistrate Mridul Gupta was hearing a plea by advocate Amita Sachdeva seeking the court's direction to register an FIR against one Karishma Aziz for making derogatory social media posts on X (formerly Twitter).
The court said that the complainant (Sachdeva) has placed on record screenshots, transcripts and links regarding various posts and video uploads allegedly made by the proposed accused through a social media account on X.
It said, "The allegations are not confined to an isolated statement. Rather, the complaint refers to a series of posts published over a period of time which, according to the complainant, contain derogatory remarks against Hindu religious beliefs, revered religious figures, historical personalities associated with the Hindu community and expressions tending to create communal disharmony."
It said that according to Sachdeva, she noticed the derogatory posts and videos of accused or respondent Aziz at her chamber in the Supreme Court which falls within the jurisdiction of the present court.
"Accordingly, she prayed for direction to register the FIR against the accused Karishma Aziz for commission of offences under BNS Sections 196 (promotion of enmity, hatred or disharmony between different groups based on religion, race, place of birth, residence, language, caste or community), 353 (statements conducing to public mischief) and 299 (deliberate and malicious acts intended to outrage the religious feelings of any class of citizens by insulting its religion or religious beliefs)," the court said.
It said that whether the impugned posts ultimately constitute protected political commentary, satire, criticism or historical opinion, or whether they cross the threshold of criminality under the provisions invoked by the complainant is a matter requiring investigation.
"At this stage, the court is only required to ascertain whether the complaint and accompanying material disclose cognisable offences warranting investigation," the magistrate said.
He said that the "authorship and operation of the concerned social media account, the dynamics of the impugned uploaded videos and posts, their dissemination and other electronic records are matters requiring collection and preservation through investigative processes".
The court underlined that such evidence is not wholly within the complainant's reach.
It said, "The status report filed by the state has been perused. However, at this stage, the court is not concerned with recording a final conclusion on the culpability of the proposed accused."
The court said that considering the allegations made in the complaint, the material placed on record and the nature of evidence required to be collected, it is satisfied that the complaint discloses commission of cognisable offences requiring investigation.
"It is made clear that no opinion is being expressed on the merits of the allegations at this stage," the court said.
It directed the station house officer (SHO) of Cyber Police Station to register an FIR based on the complaint and investigate in accordance with law.
"Compliance report be filed within one week from today," the court said.
