The Theangana High Court ordered the police not to register mechanically in response to “hard, offensive or critical political manifestations”. The court clarified that Firs would quote the promotion of hostility, threat to public order or output only if there is a case of prima facie, as stated by Livelaw.
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As Livelaw states, Justice N. Tukaramji has issued a set of detailed instructions on the protection of fundamental rights and ensuring that the process of criminal judiciary is not launched arbitrarily or without proper reasons.
If the complaint or representation claims to be a recognizable crime, the police must carry out a preliminary investigation before registration. This survey must determine whether the legal components of the alleged crime of Prima Facia are satisfied, noted Telangana HC, as stated by Livelaw.
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The Court explained that in cases there should be no fir to support hostility, deliberate insult, public misfortune, public order or outrage if there is no prima facial material indicating stimuling to violence, hate or public failure.
This threshold must be strictly applied in accordance with the constitutional principles set by the Supreme Court in Kedar Nath Singh v. State of Bihar (1962 Supp (2) SCR 769) and Shreya Singhal v. Union India (2015) 5 SCC 1).
“The police must not mechanically register cases concerning hard, offensive or critical political expression. Only if the speech represents incitement to violence or represents an immediate threat to a public order, criminal law, as is announced, as the court is announced.
HC further noted that because defamation is an imperceptible crime, the police cannot directly register in such cases or initiate an investigation. Instead, the complainant must be notified to contact the relevant judge of jurisdiction.
The police must not mechanically register cases concerning hard, offensive or critical political speeches.
The police action can continue only after the judge has issued a specific order pursuant to Section 174 (2) of Bharatiya Nagarik Surraksha Sanhit (BNSS).
(All quotations have been reported to the bar and bench)
(Tagstotranslate) High Court of TELANGANA
