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In the case of G. Sivarajbhoopati V. The State, the Madras High Court quashed the First Information Report filed against the man who made a disgraceful remark against the late Cheif of Defense Staff. In his, Facebook post the accused man labelled the late Bipin Rawat as a mercenary for fascists.
The First Information Report was lodged against the man on the grounds of Section 153, Section 504 and Section 505(2) of the Indian Penal Code which translates into the offence of wanting to provocate different groups, the enmity between classes and intentional insult.
Justice GR Swaminathan before giving the judgement stated that the demise of Late Mr Bipin Rawat was not short of a national tragedy and also expressed the accused comment didn’t align with the moral sanity of the masses. He indeed made a remark that this behaviour is against the Tamil Culture.
On quashing of the First Information Report, the judge held that mere a Facebook post didn’t break the peace of the community and also didn’t provoke anyone in forcing an armed rebellion and thus not causing the riot. The court rejected the accusations of promoting enmity as it didn’t include the two groups directly.
The First Information Report was quashed but the judge was displeased with the remarks of the accused.
Tags : #HIGHCOURTS #CRPC #ADVOCATES #BENCH #MADRASHIGHCOURT #TAMILNADU #JUDGE #LEGALNEWS #FIR #CDS
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