The Supreme Court, overturning a Bombay High Court ruling, dismissed a case against Professor Javed Ahmed Hajam for criticizing the abrogation of Article 370 in a WhatsApp status. It affirmed every citizen’s right to express discontent with state decisions under Article 19(1)(a) of the Constitution, emphasizing the importance of freedom of speech.
In its judgment, the Court stressed that labeling a day as a ‘Black Day’ to express dissent, as done by Professor Hajam, falls within the realm of legitimate protest and anguish. It underscored the necessity of allowing peaceful dissent in a democracy, considering it an integral aspect of the fundamental right to freedom of speech and expression.
The ruling highlighted the need to educate law enforcement on the nuances of free speech and expression. It cautioned against the misuse of legal provisions to stifle dissent, emphasizing the importance of upholding democratic values and ensuring that legitimate expressions of dissent are not unjustly prosecuted.
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