SC quashes FIR against journalist Patricia Mukhim over FB post
New Delhi: The Supreme Court on Thursday quashed an FIR lodged against Patricia Mukhim, editor of Shillong Times, for allegedly creating communal disharmony through her Facebook post.
A bench headed by Justice L Nageswara Rao allowed the plea filed by Mukhim against the Meghalaya High Court order which had refused to quash the FIR against her.
"We have allowed the appeal," the bench said while pronouncing the judgment.
The top court had reserved its verdict in the matter on February 16.
Mukhim's counsel had earlier argued before the Apex Court that there was no intention to create disharmony or conflict through the post which referred to an incident of a murderous assault.
On July 3, 2020, Mukhim on her Facebook had written: "The attackers, allegedly tribal boys with masks on… should be immediately booked. This continued attack on non-tribals in Meghalaya whose ancestors have lived here for decades, some having come here since the British period is reprehensible to say the least.
"Don't they have their eyes and ears to the ground? Don't they know the criminal elements in their jurisdiction? Should they not lead the charge and identify those murderous elements? This is the time to rise above community interests, caste and creed and call out for justice," she had continued, questioning "Dorbar (Council) Shnong" for not taking preventive action.
Lawsohtun headman Lurshai Shylla had said that Mukhim's statement incited communal tension and might instigate conflict, and a First Information Report (FIR) had been lodged. She was booked under Sections 153-A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc), 500 (punishment for defamation) and 505 (statements conducing to public mischief) of the Indian Penal Code.
The counsel for the Meghalaya government had earlier claimed in the top court that communal colour was given to the scuffle between minor boys and her post shows it was a communal incident between tribal and non-tribal people.
On November 10 last year, a single-judge bench of the Meghalaya High Court had refused to quash the FIR filed by the Lawsohtun Dorbar Shnong (a traditional institution).
Eleven people were picked up and two were arrested in the case.
Her petition before the top court said she is "facing persecution for speaking the truth and seeking enforcement of rule of law against perpetrators of hate crime, in the exercise of her fundamental right as guaranteed under Article 19 (1)(a) of the Constitution of India".
With agency inputs
