Freedom of speech and expression cannot go beyond limits of reasonableness: Bombay HC

Bombay High Court. File Pic

Freedom of speech and expression cannot be allowed to go beyond the limits of reasonableness otherwise it could lead to disastrous consequences, the Bombay High Court has said, reported news agency PTI.

A single bench of Justice Milind Jadhav made the observation on Tuesday while upholding the termination of service of an employee with Hitachi Astemo Fie, an auto parts manufacturing company, reported PTI.

The employee was terminated after he uploaded two posts of Facebook against the company, reported PTI.

The company had approached the HC challenging an order of a labour court reversing the termination of the employee for putting provocative posts against Hitachi, reported PTI.

Justice Jadhav in the order said the posts were directed against the company with a clear intent to incite hatred and were provocative, reported PTI.

"A strong message needs to be sent out against such acts," the court said adding such acts should be nipped in the bud, reported PTI.

"Freedom of speech and expression cannot be allowed to be transgressed beyond reasonableness. If that is allowed, it could lead to disastrous consequences," the bench said in its order, reported PTI.

In a given case, one cannot and should not wait for the consequences to occur. Such acts itself are required to be nipped in the bud. Otherwise, it would convey a wrong signal to the society at large, it added, reported PTI.

"Discipline is the hallmark of any employee/workman when he is required to conduct himself as a workman," the court said, reported PTI.

The regulation of behaviour of a workman is essential for the peaceful conduct of industrial activity in the vicinity of the establishment as also within the premises of the establishment, it said, reported PTI.

"In today's technologically advanced world, mobile phone is carried 24X7 by every person. Access to Facebook account is more conveniently accessed through the mobile phone," the court noted, reported PTI.

Hitachi claimed the employee had put the two posts on his Facebook account during a wage settlement dispute, reported PTI.

The company further claimed the posts were defamatory, tarnished its reputation and incited and instigated its employees against the company management, reported PTI.

In 2018, an enquiry officer of the company held the employee guilty of this misconduct and his employment was terminated through an order on May 2, 2018, reported PTI.

The employee challenged the termination before the labour court in Pune which quashed the order, reported PTI.

Hitachi challenged this order before the high court, reported PTI.

(With inputs from PTI)