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Bombay HC refuses to grant relief to man booked for tweets against Sharad Pawar

June 06, 2022 10:29 pm | Updated June 07, 2022 09:26 am IST - MUMBAI

Every citizen has fundamental rights but fundamental rights are not absolute, the Bombay High Court said.

A view of the Bombay High Court in Mumbai. File. | Photo Credit: Vivek Bendre

The Bombay High Court on Monday refused to grant bail to a student seeking to quash five First Information Reports (FIRs) filed against him in different parts of Maharashtra for tweeting objectionable content against Nationalist Congress Party chief Sharad Pawar.

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A division Bench of Justices S.S. Shinde and M.N. Jadhav was hearing a criminal petition filed by Nikhil Bhamre, 22, seeking to quash FIRs registered in different parts of Maharashtra under sections 153 A (promoting enmity between different groups on ground of religion, race, place of birth, language and doing acts prejudicial to maintenance of harmony), 500 (punishment for defamation), 504 (intentional insult with intent to provoke breach of peace), 506 (punishment for criminal intimidation), 505 (statements conducting public mischief) and 501 (printing or engraving matter known to be defamatory) of the Indian Penal Code.

Advocate Subhash Jha appearing for Mr. Bhamre said the 22-year-old was arrested on May 13 and should be released immediately. He sought for the quashing of all FIRs and while that was being decided, his client should be granted bail.

The court said, “There has to be some responsibility. Every citizen has fundamental rights. But these are subject to restrictions. Fundamental rights are not absolute.” “No one has the right to comment on someone else’s private life. Merely because one has the right does not mean he or she can exercise this right without any restriction,” the court added.

The bench directed the Maharashtra government to file the progress report and posted the matter to be heard on June 10.

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