North India Statesman
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Article 370: The Supreme Court said that every citizen of the country has the right to criticize the decisions of the government. The Supreme Court made the remarks while ordering quashing of an FIR lodged against a professor in connection with a WhatsApp post criticizing the abrogation of Article 370. An FIR was registered against Professor Javed Ahmed Hazam under section 153A of the Indian Penal Code (promoting communal hatred) and he did not get relief from the Bombay High Court in this regard.
Professor Javed posted on WhatsApp. 5th August – Black day for Jammu and Kashmir and 14th August – Happy Independence Day to Pakistan. Considering both these posts objectionable, a case was registered against him in Kolhapur, Maharashtra. The Supreme Court said that every citizen has the right to congratulate any other country on its Independence Day. There is nothing wrong if a citizen of India wishes the citizens of Pakistan a happy Independence Day on 14th August.
A bench of Justices Abhay S Oka and Ujjwal Bhuyan said that the Constitution of India guarantees freedom of expression to its citizens under Article 19(1)(A). Under this guarantee, every citizen has the right to criticize any decision of the state to abrogate Article 370. They also have the right to say that they are not happy with the state's decision. Every citizen also has the right to criticize changes in the status of Jammu and Kashmir. Calling the day of abrogation of Article 370 a black day is an expression of resistance and anger.
The court said that democracy cannot survive if every criticism or opposition to government decisions is made a crime under Article 153A. The right to dissent is a recognized and legal right guaranteed under Article 19(1)(a) of the Constitution. Everyone should respect others' right to disagree. Peaceful protest against government decisions is an essential part of democracy.
