The Allahabad High Court last week granted interim relief to former Uttar Pradesh Minister and Samajwadi Party leader Yasar Shah, who is facing an FIR for allegedly spreading rumors on X (formerly Twitter) about a potential leak of the Uttar Pradesh Police Constable Exam 2024 paper. The bench, comprising Justice Attau Rahman Masoodi and Justice Subhash Vidyarthi, found no prima facie evidence to substantiate the charges against Shah.
Background of the Case
Yasar Shah, a notable political figure from the Samajwadi Party, came under scrutiny after his social media activity suggested that the UP Police Constable Exam 2024 paper might have been leaked. The State of Uttar Pradesh, represented by the Additional Chief Secretary/Principal Secretary, Department of Home, Lucknow, filed an FIR against Shah, alleging that his tweet caused unnecessary panic and could disrupt public order.
Representing Shah in court were advocates Nadeem Murtaza, Harsh Vardhan Kediya, and Suryansh Singh Suryavanshi, while the State’s representation included Government Advocate Shri S.P. Singh.
Important Legal Issues
The primary legal issue in this case revolved around the boundaries of free speech under Article 19(1)(a) of the Constitution of India, particularly in the context of social media. The court examined whether Shah’s actions amounted to an abuse of the right to freedom of expression by spreading potentially false and damaging information or whether they fell within the permissible scope of public commentary.
The court noted that the petitioner’s role was limited to a tweet that contained improper language, which could be objectionable. However, it emphasized, “We cannot outline the contours of Article 19(1)(a) of the Constitution, which equally embodies a fundamental right of Freedom of Expression.”
Court’s Decision
The court concluded that, as of the present date, there was no substantial evidence linking Shah to any criminal activity based on the tweet in question. As a result, the court granted interim relief, ordering that Shah should not be arrested, provided he cooperates with the ongoing investigation.
However, the court also cautioned Shah against posting any material on digital platforms in the future that could cast aspersions on constitutional authorities or public officials using objectionable language, reinforcing the principle that freedom of expression must be exercised responsibly.
The matter is set for a further hearing after two weeks, with the court allowing the filing of any rejoinder affidavits in the interim.
