Criticizing the abrogation of Article 370 is not a crime: Supreme Court

Friday, March 8, 2024

The Supreme Court of India, in an important decision on Thursday, March 7, 2024, said that criticizing the abrogation of Article 370 is not a crime.

The Supreme Court said this while quashing the case filed against Javed Ahmed Hazam, a professor from the Indian state of Maharashtra.

The Supreme Court also said that the police should be sensitive to India's democratic values and the freedom of expression guaranteed by the Constitution.

What is the matter?

Professor Javed Ahmed Hazam, in his WhatsApp status, had criticized the abrogation of Article 370 and described August 5, 2019 as a 'black day' for Jammu and Kashmir.

Professor Javed Ahmed Hazam had written '5th August - Black Day Jammu and Kashmir' and '14th August - Independence Day Pakistan' on his WhatsApp status.

On this comment of Professor Javed Ahmed Hazam, the police had registered a case against Professor Javed Ahmed Hazam. Maharashtra Police had imposed Section 153-A of the Indian Penal Code on Professor Javed Ahmed Hazam.

The Supreme Court also said that if every criticism or protest against the government is considered a crime under Section 153-A, then democracy will not survive in the country (India).

A bench of Supreme Court Justice Abhay S Oka and Justice Ujjal Bhuyan said that declaring August 5, 2019 as 'Black Day' is an expression of protest and pain.

Earlier, the Bombay High Court had refused to quash the FIR against Professor Javed Ahmed Hazam and had said that the comments of Professor Javed Ahmed Hazam could promote animosity and ill will between different groups of the society.

India's Union Home Minister Amit Shah had announced the abrogation of Article 370 in the Parliament on August 5, 2019.

This decision of the Government of India was also challenged in the Supreme Court.

About three months ago, on December 11, 2023, the Constitution Bench of five judges of the Supreme Court unanimously ruled in favor of the government that the removal of Article 370 was right.

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