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Abusing Prime Minister is not protected under Freedom of speech: Allahabad HC

In the case Mumtaz Mansoori v. State of UP & 2 ors, Justice Ashwani Kumar Mishra and Justice Rajendra Kumar-IV did not quash FIR filled against a man who was accused of putting an abusive Facebook post against Prime Minister Narendra Modi and Union Home Minister Amit Shah. According to the FIR, the man addressed Prime Minister and Home Minister along with other ministers ‘dogs’ which was said ‘highly objectionable’. He was charged by the Uttar Pradesh Police for violating Sections 504 of the Indian Penal Code (intentional insult with intent to instigate disturbance of peace) and 67 of the Information Technology Act.Then he requested that the High Court dismiss the matter.The Court rejected the plea after concluding that the FIR contained evidence of a cognizable offence.The bench consisting two Justices held that abusing a citizen, more so Prime Minister, freedom of speech does not extend to that. The petitioner was represented by advocates Aqeel Ahmad and Mohd Saifh while State was represented by Advocate Sri Syed Ali Murtaza.

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