PIL filed to quash FIRs over Modi posters in Delhi - around 25 FIRs registered for pasting posters which were critical of PM Modi

Advocate Pradeep Kumar Yadav cited that the registration of FIRs are in violation of several Supreme Court judgments on free speech

Last week posters were found pasted on walls and boards across Delhi with the message: “Modiji humare bachchon ki vaccine videsh kyun bhej diya (Modi, why did you send vaccines meant for our children to foreign countries)?” (twitter.com/MahuaMoitra)

Legal Correspondent   |   TT  |  New Delhi   |  18.05.21: A PIL was filed in the Supreme Court on Monday seeking the quashing of around 25 FIRs registered in the national capital against various persons for pasting posters on public places which were critical of Prime Minister Narendra Modi over the floundering vaccination drive.

Last week posters were found pasted on walls and boards across Delhi with the message: “Modiji humare bachchon ki vaccine videsh kyun bhej diya (Modi, why did you send vaccines meant for our children to foreign countries)?”

Subsequently, Delhi police registered FIRs in connection with the posters under relevant sections of the Prevention of Defacement of Property Act, the Delhi Disaster Management Act and the Indian Penal Code and arrested 25 people.

The petition filed by advocate Pradeep Kumar Yadav on Monday pleaded that the registration of FIRs are in violation of several Supreme Court judgments on free speech and also the top court’s recent directions this month that no case should be registered by police against citizens for ventilating their grievance over Covid-19 situations on social media or other public domain.

On April 30, the Supreme Court had warned police and other authorities of contempt proceedings if any restriction was put on citizens from airing their grievances on social media platforms relating to the Covid-19 crisis as the top court asserted that such free flow of information would rather help in tackling the crisis in a more effective manner.

The court warned that any “clampdown” on such citizens’ expression of free speech, particularly during the troubled times, would invite contempt action against the authorities who will be liable for contempt proceeding entailing a punishment up to six months.

The petitioner said that in the 2015 Shreya Singhal case, the apex court had quashed as “unconstitutional” Section 66A of the IT Act which made it an offence for sharing any information on social media. The court had held that any information shared on social media does not constitute any criminal offence, under the impugned section.

The petition said: “…contrary to the above decision of this Hon’ble Court the authorities are registering FIR against the innocent persons over their hate speech against the Hon’ble PM with regard to his official functions over the second wave of Covid-19 crises and Government vaccine policies.

“That the petitioner is… seeking the intervention of this Hon’ble Court into the 25 arrests in Delhi over posters against the Prime Minister on the vaccination Policy. At least 25 First Information Reports (FIR) have been registered in connection with posters that surfaced across the capital questioning Prime Minister Narendra Modi on the vaccination policy in a sarcastic tone.

“The petitioner herein is seeking quashing of FIR/complaint directing the Commissioner of Police, DGP, not to register any case/FIR in relation to Covid-19 posters/advertisement/brochures surfaced in the context of vaccinations…”

According to media reports, the cases were registered against a 19-year old school dropout, a 30-year-old e-rickshaw driver and a 61-year-old maker of wooden frames, among others.

The arrests across Delhi were made on complaints by police personnel.

The FIRs have been lodged under IPC Sections 188 (disobedience to order duly promulgated by public servant), and 269 (negligent act likely to spread infection of disease dangerous to life), and those under the Delhi Prevention of Defacement of Property Act and the Epidemic Act.