The Bombay High Court on Wednesday quashed the FIR against native resident Sunaina Holey for tweeting against Prime Minister Narendra Modi and Chief Minister Uddhav Thackeray and his son and Minister Aditya Thackeray on COVID-19 and migrants.
A division bench of justices SS Shinde and MS Karnik stated, “by no stretch of imagination can it be said that her tweets (three) created enmity or hatred between communities.”
The bench stated, “Assuming that the said tweet is an extreme view in retaliation for the expression by a person in the crowd who was blaming the prime minister of India, the said tweet is yet to be judged from the mind of a strong prudent person.”
Ms. Holey was arrested in August 2020 by the Bandra Kurla Complex Cyber Crime station and booked beneath sections 153A (selling enmity between totally different teams on grounds of faith, race, fatherland, residence, language and so on and doing acts prejudicial to upkeep of concord), 500 (punishment for defamation) and 505 2 (statements creating or selling enmity, hatred or ill-will between courses) of the Indian Penal Code.
Her first tweet was a video of a person who blames Mr. Modi for the coronavirus. She had written, “How can someone blame the PM for COVID when it is an act of God?”
In her second tweet, she posted a caricature of Mr. Thackeray and his son, and within the third one, she argued with an individual and allegedly used abusive language as a result of he advised her she can’t criticise Maharashtra’s leaders as she isn’t a Maharashtrian.