The Bombay High Court on Wednesday quashed a First Information Report (FIR) registered against Sunaina Holey by the Mumbai Police cyber cell for her tweet allegedly promoting enmity between two communities.
The Court said that the tweet did not name any communities and it has to be judged from the perspective of a prudent man.
"Neither community nor religion is named. If the test of a strong or prudent person is applied said tweet cannot be said to have created hatred between community or show the petitioner has men's rea," the Court said.
The Court said that while it appreciates the efforts of police in ensuring that the situation does not go out of hand, the contents of the FIR do not constitute an offence.
"After careful and in-depth consideration, we deem it fit to quash FIR," the Court, therefore, ordered.
The order was passed by a Bench of Justices SS Shinde and MS Karnik on a plea by Holey to quash the FIR registered against her after she tweeted a video that allegedly had the possibility to promote enmity between religious communities.
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