Freedom of expression isn't a right to abuse: Calcutta HC

KOLKATA: One should not “transgress the boundaries of decency and law”, Calcutta High Court said on Wednesday, adding that freedom of expression neither gave anyone a “licence to abuse”, nor to make “irresponsible or motivated insinuations which can create violence in society”, although “the socio-democratic fabric of the country is elastic to accommodate unpopular views”.

The court, however, refused to gag a former BJP functionary from airing her views, saying that would be “pre-censorship”.

Her own “good sense” should determine what to say publicly, bearing in mind “fraternalism, decency and boundary of law”, the court said.

The division bench of justices Joymalya Bagchi and Gaurang Kanth was hearing an anticipatory bail plea filed by Nazia Elahi Khan . It granted her bail but frowned upon her social media post , over which a case was lodged against her at Amherst Street PS on Sept 7 for promoting enmity between different groups and intent to outrage religious feelings.

“The petitioner’s interview contains unwarranted insinuations against a religious community ,” Justice Bagchi observed. “We are conscious that the petitioner has freedom of speech. However, the freedom does not entitle her to make insinuations against others.”

The HC was informed by Khan’s counsel that the uploaded videos had been deleted, and that she had not made any more similar comments that may hurt a community’s religious sentiments.

When the person who had lodged the FIR urged the bench to set a condition on Khan to not give interviews in future, Justice Bagchi declined to do so, saying it would “amount to pre-censorship”, as well as give the impression of “pre-trial inference of guilt on the petitioner (Khan).”

The court left it to the “good sense” of Khan to air her views on inter-religious matters and secularism, bearing in mind “the idea of fraternalism, decency and boundary of law.”

Khan’s lawyer Ranajoy Chatterjee said his client is a BJP minority cell member and a social activist. A BJP neta, however, said she was no longer associated with the party.