Freedom of expression is not licence to abuse, says HC, but shuns gag order

The Calcutta High Court, while refusing to impose a gag order on a former BJP leader, emphasized that freedom of expression doesn't permit abuse or incite violence. The court, hearing the leader's anticipatory bail plea, acknowledged her right to free speech but expressed disapproval of her social media post, terming it as containing "unwarranted insinuations" against a religious community.

Representative photo KOLKATA: One should not “transgress the boundaries of decency and law”, Calcutta HC said Wednesday, adding that the width of 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”. HC, however, refused to pass a gag order against a former BJP neta from airing her views, saying that would amount to “pre-censorship”. Her own “good sense” should determine what views on inter-religious matters and secularism she should air, it said.

The division bench of Justices Joymalya Bagchi and Gaurang Kanth was hearing an anticipatory bail plea filed by one Nazia Elahi Khan . HC granted her the bail she sought but frowned upon the tone and essence of contents of her social media post . “The petitioner’s interview contains unwarranted insinuations against a religious community ,” Justice Bagchi noted, adding: “We are conscious that the petitioner has freedom of speech.

However, the freedom does not entitle her to make insinuations against others.”.