Sirajuddin bin Mohammed Ismail plea dismissed: free speech cannot shield offensive WhatsApp content, says High court

Bengaluru: The Karnataka High Court has refused to quash criminal proceedings against Sirajuddin bin Mohammed Ismail (30), holding that everything cannot be tolerated in the name of freedom of speech, especially when the content has the potential to hurt religious sentiments and disturb communal harmony.

A single-judge bench of Justice M. Nagaprasanna dismissed the criminal petition filed by Sirajuddin, a resident of Kuppetty Kariya village in Belthangady taluk of Dakshina Kannada district, who had sought quashing of the FIR and subsequent proceedings registered against him in connection with an allegedly offensive WhatsApp group.

The case relates to a WhatsApp group titled “Bajarangi Go Thieves”, in which Hindu deities and political leaders were allegedly depicted in an obscene, derogatory and sacrilegious manner. The prosecution alleged that the content shared in the group was intended to provoke religious sentiments and disturb communal peace.

While rejecting the plea, the court observed that even if an act of insult does not immediately lead to disorder, it would still fall within the permissible restrictions on free speech if it has a tendency to disrupt public order. “Freedom of speech cannot be used as a shield to justify everything,” the court said, underlining that constitutional protection is not absolute.

The bench noted that the investigation report, at a prima facie level, revealed elements of deliberate provocation of religious sentiments and a tendency to disturb communal harmony. Expressing concern over the manner of investigation, the court observed that the investigating officer appeared to have shown reluctance in proceeding uniformly against all administrators of the WhatsApp group.

The court further clarified that if members of the WhatsApp group had actively allowed or facilitated the circulation of obscene images, they too should be subjected to investigation. At the investigation stage, the court said, no deeper evaluation was required and interference would be unwarranted.

Emphasising the seriousness of the allegations, the bench held that investigation into such offences could not be stalled midway. Noting that the case was registered in 2021, the court directed the prosecution to ensure that the investigation is completed at the earliest without any undue delay.

According to the case background, the complainant, K. Jayaraj Sallian of Kadirudyavara in Belthangady, received an unknown WhatsApp link in January 2020. Upon joining the group through the link, he found that it had six administrators and over 250 members. He alleged that obscene and offensive images of Hindu deities were being circulated with a larger conspiracy to incite communal violence.

Based on the complaint, the CEN (Cyber, Economic and Narcotic Crime) police registered an FIR under Section 295(A) of the Indian Penal Code and Section 67 of the Information Technology Act, 2008. Sirajuddin had sought quashing of the FIR and proceedings pending before the Belthangady JMFC court, which the High Court has now declined.