Messages sent to IAS officer against tree cutting at Aarey not offensive: HC

Messages sent to an IAS officer opposing the cutting of trees in Mumbais Aarey Colony for the construction of a Metro Rail car shed were not offensive but were assertion of a democratic right of a citizen of this country to put forth his view to object and protest the Bombay High Court has saidA division bench of Justice Sunil Shukre and Justice Milind Sathaye noted that registering a first information report FIR for such an offence would amount to an invasion on the rights of citizens of this countryThe bench on April 5 quashed a January 2018 FIR registered at Bandra Kurla Complex BKC police station against Avijit Michael a Bengaluru resident for allegedly sending offensive messages to IAS officer Ashwini Bhide who at the time was heading the Mumbai Metro Rail Corporation Ltd MMRCL and for allegedly obstructing her from discharging her public dutiesThe court in its order said the intention of the sender of these messages appears to be to protect the forest which he considers to be acting like lungs for MumbaiThese messages do not contain any offensive material or any obscenities Rather they appear to have been sent in assertion of a democratic right of a citizen of this country to put forth his view point to object to protest to persuade to urge and so on the court saidIf anybody is booked for criminal offences such as those as have been registered against the petitioner it may amount to an invasion upon the rights of the citizens of this country the court saidThe police upon receiving such a complaint howsoever high he or she may be in position must never book any ordinary citizen of the country under criminal law it addedand if it does it would be like suppressing his voice against what he considers to be a wrongful thing the court saidPolice officer warnedThe bench while quashing the FIR issued a warning to the police officer concerned The investigating officer who registered the crime against the petitioner is hereby cautioned to be careful in registering crimes in such matters in future the court saidAlso read Mumbai Another rapper booked for his political trackThe bench in its order noted that the allegations made in the FIR when taken at their facevalue do not in any manner constitute the offence punishable under section 186 obstructing a public servant in discharging their public duties of the Indian Penal Code IPC and the provisions of the Information Technology Act for sending offensive messagesldquoIt is necessary that there must be a public servant who is voluntarily obstructed by another in discharge of his public functions and such obstruction must have direct connection with the discharge of public functions of such public servantrdquo the court saidThe bench noted that it is for the public servant who has been obstructed in discharge of his public functions to voluntarily come forward and allege the obstruction2018Year the FIR in the case was filedThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever