SC refuses to quash FIR against man for online anti-Modi post

New Delhi: The Supreme Court on Friday refused to quash an FIR against a Bengaluru resident for making a social media post against Prime Minister Narendra Modi saying he does not have remorse or a sense of repentance for people whom he had abused.

A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi dismissed the plea challenging the lodging of an FIR against 24-year-old Gurudath Shetty for making a critical social media post against Prime Minister Modi.

The bench ordered, “The petitioner has brazenly abused the fundamental right of free speech and expression. We cannot extend any discretion or relief at this stage.” The top court, however, said that Shetty was at liberty to approach the appropriate jurisdictional high court to seek remedies in accordance with law.

When Shetty’s counsel again pressed for a seven-day protection, the CJI firmly declined, saying, “There is no question of protection.”

Shetty was booked for cognisable and bailable offences under Section 336(4) and Section 79 of the Bharatiya Nyaya Sanhita (BNS). At the outset, the counsel appearing for Shetty said that he was willing to give an unconditional apology and submitted that he was only seeking protection for a few days to enable him to approach the jurisdictional high court.