By Manish-
Bombay High Court Bench comprising of Justices SS Shinde and MS Karnik while hearing Twitter celebrity Sameer Thakkar plea before seeking quash of an FIR.
An FIR was filed against Sameer Thakkar for allegedly tweeting abusive language on against Maharashtra CM.
In the matter Bombay High Court Bench directed Sameer Thakkar to cooperate police for investigation.
Sameer Thakkar has been booked U/S 292 (obscenity) and 500 (defamation) of the Indian Penal Code along with Section 67 (obscenity in electronic form) of the Information Technology Act.
Appreaing for Sameer Thakkar Advocate Chandrachud submitted to the Court that it was the fundamental right of a citizen to criticize a public office.
Bombay High Court Bench said,”those who occupy a position in power have to develop a thick skin”.
Chandrachud added that only people in important positions with power can be criticized, not a common man on the street.
The Court however did not agree with Chandrachud. They remarked that one person’s fundamental right must not infringe upon someone else’s rights.
“Not everyone reacts to criticism uniformly. Some people in public offices are more sensitive than others”, the Bench said.
FIR against Sameer in Mumbai was allegedly filed upon the instance of an employee in the Shiv Sena legal head cell. After a few days of registering the FIR, the police station sent him notices under Section 41 (arrest without warrant) to appear to the station.
Bombay High Court bench said,”The people holding public offices do not uphold the dignity of the office. The citizens uphold the dignity of the office.”