Delhi HC: Freedom of Speech Can’t be Permitted to Violate Rights of Citizens

Delhi High Court National Emblem Law Insider IN

Debangana Ray

Published on June 16, 2022 at 19:12 IST

The Delhi HC stated that freedom of speech cannot violate rights of citizens especially of political functionaries who have spent a lifetime in order to built a positive image before the public.

The above statement was given by the Delhi HC while restraining AAP MLA Vinay Mishra from posting controversial comments against RLP MP Hanuman Beniwal.

The interim order passed by Justice Anoop Kumar Mendiratta directed twitter to delete all the posts regarding the matter.

The court further stated that tweets prima facie are libelous, reckless and defamatory as there is no backing of any supporting evidence.

The reckless comments were made after Beniwal supported BJP-backed candidate Subhash Chandra in the Rajya Sabha elections.

The tweets include accusation of corruption and horse trading against the saffron party.

The HC mentioned that if the tweets are allowed to be continued, “It is likely to further blemish the reputation and goodwill of the plaintiffs and may cause misimpression in the trust of the voters/supporters of the party or common citizens of the country in the absence of any cogent evidence”.

“It cannot be ruled out that the tweets may have been actuated by malice, with an attempt to impact the Rajya Sabha elections, which were scheduled for 10th June, 2022.” 

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