Pune: Supreme Court cancels offence registered against commuter for filming police

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Supreme Court

Pune: The Supreme Court (SC) has cancelled an offence registered against a vehicle owner, who filmed the Traffic Police while they were acting against the violator and demanding money other than the fine amount.

The Apex Court observed that giving permission to register a criminal offence against him would mean misuse of legal procedure.

The ruling was given by SC judges Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah. The accused was identified as Vijay Sagar in the case. The incident took place on November 27, 2022 on Jangli Maharaj Road.

Sagar parked his vehicle on the footpath. His vehicle was lifted by the Shivajinagar Traffic Division. Sagar visited the office to pay a fine. However, Rs 1,000 more were demanded, besides the fine. He refused to pay the additional fine and streamed live on Facebook the woman cop, who was demanding the money.

Some citizens made defamatory remarks after the video clip went viral on social media. Later, Sagar removed the clip from his Facebook wall. On November 29, 2022, Sagar and other unidentified persons were booked for pronouncing words, which amounted to collectively molesting the woman cop.

Sagar, through his legal counsel Adv Satya Mule, approached the Supreme Court against the matter. One can say anything on social media as a part of the freedom of expression. However, action would be taken against persons posting obscene and defamatory content. The original post cannot be held responsible under the Criminal Act. The police acted out of vengeance, said Adv Mule.

HC should have cancelled action

The SC observed: “The High Court (HC) should have cancelled the criminal action against the petitioner using its rights. We make it clear that FB user or WhatsApp admin is not responsible for illegal comments and criticism made by unknown persons on social media. Only those persons are held responsible who use illegal language and indulge in illegal criticism.”

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