NDLI: Patricia Mukhim Vs. State of Meghalaya & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Penal Code 1860
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860 – ss.153A and 505(1)(c) – Brutal attack on non-tribals in State of Meghalaya with iron rods and sticks – Attackers allegedly belonged to tribal community of Meghalaya – Facebook post uploaded by Appellant, alleged to be intentionally made for promoting class / community hatred between tribals and non-tribals in the State – Prima facie case made out u/ss.153A and 505(1)(c) or not – Held: Close scrutiny of the Facebook post uploaded by appellant indicate that her agony was directed against the apathy shown by the CM, Meghalaya, DGP and the DorbarShnong of the area in not taking any action against the culprits who attacked the non-tribals – The Facebook post read in its entirety pleads for equality of non-tribals in the State of Meghalaya – There was no intention on the part of the Appellant to promote class / community hatred – As no attempt was made by the Appellant to incite people belonging to a community to indulge in any violence, the basic ingredients of offence u/ss.153A and 505(1)(c) not made out – Fervent plea made by Appellant for protection of non-tribals living in the State of Meghalaya and for their equality cannot, by any stretch of imagination, be categorized as hate speech – It was a call for justice - for action according to law, which every citizen has a right to expect and articulate – Disapprobation of governmental inaction cannot be branded as an attempt to promote hatred between different communities – Free speech of the citizens cannot be stifled by implicating them in criminal cases, unless such speech has the tendency to affect public order – No case made out against Appellant for offences u/ss.153A and 505(1)(c). s. 439 – Bail – Grant of, by High Court – Observations of the High Court in succession of orders that the counsel for the parties “do not press for a further reasoned order” – Correctness of – Held: Observations of the High Court is disapproved – Consent of partiescannot obviate the duty of the High Court to apply a judicial mind andindicate its reasons why it has either granted or refused bail – Outcomeof the application has a significant bearing on the liberty of the accusedon one hand as well as the public interest in the due enforcement ofcriminal justice on the other. Penal Code, 1860 – ss.153A & 505 – Ingredients of s.153Avis-a-vis that of s.505(2) – Similarities and difference between thetwo offences – Held: Mens rea is a necessary ingredient for offenceu/s.153A and s.505(2) – Common factor of both the sections beingpromotion of feelings of enmity, hatred or ill will between differentreligious or racial or linguistics or religious groups or castes orcommunities, it is necessary that at least two such groups orcommunities should be involved – Merely inciting the feelings ofone community or group without any reference to any othercommunity or group cannot attract any of the two sections –However, publication of words or representation is sine qua non u/s.505 – Hate Speech. FIR – Quashing of – Held: Where allegations made in theFIR or the complaint, even if they are taken on their face value andaccepted in their entirety do not prima facie constitute any offenceor make out a case against the accused, the FIR is liable to bequashed.
Judge	Hon'ble Mr. Justice L. Nageswara Rao
Neutral Citation	2021 INSC 213
Petitioner	Patricia Mukhim
Respondent	State Of Meghalaya & Ors.
SCR	[2021] 7 S.C.R. 65
Judgement Date	2021-03-25
Case Number	141

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Patricia Mukhim Vs. State of Meghalaya & Ors.

Please Log-in to view this content

State of U.p. Vs. Sheo Lal & Ors.

Budhan Singh and Ors. Vs. State of Bihar

State of Haryana Vs. Surender and Ors. Etc.

Jagdish Murav Vs. State of U.p. and Ors.

Hanuman Prasad and Ors. Vs. State of Rajasthan

Roy Fernandes Vs. State of Goa and Ors.

S.k. Alagh Vs. State of U.p. & Ors.

Basavaraja & Ors. Vs. State of Karnataka

State of U.p. Vs. Nawab Singh (dead) and Ors.

Patricia Mukhim Vs. State of Meghalaya & Ors.

Patricia Mukhim Vs. State of Meghalaya & Ors.

Please Log-in to view this content

Similar Documents

State of U.p. Vs. Sheo Lal & Ors.

Budhan Singh and Ors. Vs. State of Bihar

State of Haryana Vs. Surender and Ors. Etc.

Jagdish Murav Vs. State of U.p. and Ors.

Hanuman Prasad and Ors. Vs. State of Rajasthan

Roy Fernandes Vs. State of Goa and Ors.

S.k. Alagh Vs. State of U.p. & Ors.

Basavaraja & Ors. Vs. State of Karnataka

State of U.p. Vs. Nawab Singh (dead) and Ors.

Patricia Mukhim Vs. State of Meghalaya & Ors.