Kriti Agrawal-
The Tripura High Court stayed an investigation into an FIR filed against a Communist Party of India (Marxist) (CPI(M)) leader for his Facebook posts encouraging locals to build resistance in the event of an attack, stating that if the police do not act in the case of an attack at a house, the perpetrators must be collectively punished.
The Bench led by Chief Justice Akil Kureshi initially expressed doubts over whether the jobs could be brought under the purview of Section 153A of the Indian Penal Code.
This clause makes it illegal to promote hostility between various groups based on religion, race, place of birth, residency, language, and other factors, as well as to engage in acts that are detrimental to the maintenance of harmony.
The Supreme Court stated, “The major punitive provision in the FIR is Section 153A of IPC. The elements of the remaining punitive provisions cited appear to be unsatisfied as well.”
The FIRs filed against a CPI(M) leader for his two Facebook posts, which claimed TO incite people to riot and had the potential to cause discord among members of different political parties.
These FIRs were filed by the concerned police stations for the commission of offences punishable under Sections 153, 153A, 109, 506 read with Section 120B of the Indian Penal Code. The petitioner sought to quash both of them because two FIRs for the same incident leading to two separate investigations was not permissible, and in any case, the allegations contained in both of them were false.
Finally, in issuing the notice, which is due on July 23, 2021, the Court allowed the State to offer its interpretation of the genuine translation of the posts in question and the FIRs if the State believes the petitioner’s translations are inaccurate.
Furthermore, inquiry into the said FIRs has been paused as an ad-interim measure.
