One should behave responsibly while uploading WhatsApp status: Bombay HC
Mumbai (PTI): One should behave with a sense of responsibility while communicating something to others via their WhatsApp status, the Nagpur bench of the Bombay High Court has said while refusing to quash a case against a man for posting content allegedly spreading hatred against a religious group.
A division bench of Justices Vinay Joshi and Valmiki SA Menezes in its order on July 12 said the purpose of WhatsApp status nowadays is to convey something to your contacts.
People keep checking the WhatsApp status of their contacts often, it noted.
The bench dismissed the petition filed by 27-year-old Kishor Landkar, seeking to quash the FIR lodged against him for offences under the Indian Penal Code for intentionally hurting or offending religious sentiment or faith, as well as provisions of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act and the Information Technology Act.
"WhatsApp status can be a picture or video of what you are doing, thinking or something you have seen, which disappears after 24 hours. The very purpose of WhatsApp status is to convey something to a person's contacts. It is nothing but a mode of communication with known persons," the HC said.
"One should behave with a sense of responsibility while communicating something to others," the court said.
The complainant's case is that in March 2023, the accused uploaded his WhatsApp status wherein he wrote a question and asked the viewers to search for the same on Google to get shocking results.
When the complainant did a Google search of the question, he noted objectionable material outraging religious feelings.
The accused claimed he had not intended to or deliberately displayed the status to outrage the feelings of any religious group, and since WhatsApp status can be seen only by those who have saved the number of the other person, he had no intention to spread hatred.
The bench in its order said the WhatsApp status uploaded by the accused instigated others to do a Google search and read what the accused person wanted them to.
The FIR prima facie discloses the accused person's deliberate and malicious intention to insult the feeling of a particular group, the court said and refused to quash the case.
"The applicant cannot shed his responsibility by saying the WhatsApp status is limited circulation. There is no justification for the applicant to display such a status," the HC said.
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Unemployed 'youngsters like cockroaches' become media, activists; attack system: CJI
New Delhi (PTI): Likening some unemployed youngsters to cockroaches, Chief Justice of India (CJI) Surya Kant on Friday said they go on to "become" media, social media and RTI activists and start attacking the system.
The comments came while a bench of CJI Kant and Justice Joymalya Bagchi was pulling up a lawyer for "pursuing" a senior advocate designation. It said there were already "parasites" in society who attack the system and asked the petitioner whether he wanted to join hands with them.
"The entire world may be eligible to become senior (advocate), but at least you are not entitled," the bench told the petitioner lawyer.
A visibly anguished CJI observed that if the Delhi High Court would confer senior advocate designation upon the petitioner, the apex court would set that aside seeing his professional conduct.
The CJI also referred to the kind of language used by the petitioner on Facebook.
"There are already parasites of society who attack the system and you want to join hands with them?" he said.
"There are youngsters like cockroaches, who don't get any employment or have any place in profession. Some of them become media, some of them become social media, RTI activists and other activists and they start attacking everyone," he said.
The bench also asked the petitioner whether he did not have any other litigation.
"Is this the conduct of a person who seeks to be designated as a senior advocate?" the bench asked.
It said senior advocate designation is something that is conferred on a person and is not to be pursued.
"You are pursuing it. Does it look proper?" the top court said, asking whether a senior advocate designation was a status symbol to be kept ornamentally.
It also observed that it wanted to ask the Central Bureau of Investigation (CBI) to verify the degrees of many of those who were wearing black robes as there were serious doubts over the genuineness of their degrees.
It said the Bar Council of India would never do anything on this issue as they "need their votes".
The petitioner apologised to the bench and sought permission to withdraw the petition. The bench allowed the withdrawal of the petition.
