Telangana HC bars police from filing mechanical FIRs online criticism

Hyderabad: The Telangana High Court has made it clear that police cannot register cases on social media posts without conducting a preliminary inquiry.

The court ruled that harsh criticism or political commentary alone does not justify criminal action unless the posts amount to defamation, hate speech, incitement to violence, or pose a threat to law and order.

Justice N Tukaramji delivered the verdict while quashing three cases registered against Nallabalu Elias alias Durgam Shashidhar Goud at Ramagundam and Karimnagar police stations.

These cases were filed based on complaints alleging objectionable social media posts against the Congress Party and the state government. The High Court held that such posts fell within the ambit of lawful expression and should be protected as part of fundamental rights.

Must approach a magistrate for defamation cases: HC

In its order, the court issued detailed guidelines for police and magistrates. It directed that in defamation cases, complainants must approach a magistrate instead of the police filing FIRs directly. It also stated that only in cases of serious offences can the police proceed, provided there is a preliminary inquiry confirming valid legal grounds.

Mere political criticism, however sharp, cannot be treated as a crime, the court added.

The court further clarified that cases may only be registered if there is prima facie evidence of violence, hate speech, or disturbance to public order, in line with the Supreme Court’s ruling in the Kedar Nath Singh vs Bihar case.

It stressed that arrests should not be done mechanically and must follow the Supreme Court’s guidelines laid down in the Arnesh Kumar case.

Additionally, in politically sensitive cases, the police must consult the Public Prosecutor before registering an FIR, and if a complaint is found to be politically motivated or frivolous, the police must record reasons and close the case.