Avoid tweets on matters that are being heard by court: Bombay HC to Thane resident booked for commenting against CM

HC also directed Mumbai, Palghar and Tulinj police to not take any coercive action or file a charge sheet against her

The Bombay high court (HC) has directed Thane resident Sunaina Holey, booked for making objectionable tweets and comments against chief minister (CM) Uddhav Thackeray and his minister son Aaditya, to refrain from using Twitter over matters that are being heard in the court against her. HC also directed Mumbai, Palghar and Tulinj police to not take any coercive action or file a charge sheet against Holey.

The matter is posted for hearing on December 21 at 4.30pm. (HT File)

The division bench of justice SS Shinde and justice MS Karnik was hearing Holey’s petition seeking the quashing of the first information report (FIR) against her over her comments on the gathering of people outside Bandra station during the lockdown.

Her lawyer Dr Abhinav Chandrachud referred to two judgments of the Supreme Court. One was pertaining to a comment made by a person following the assassination of former prime minister Indira Gandhi and the other in which a Kashmir resident had tried to allegedly instigate citizens of Andhra Pradesh against the Indian Army. Dr Chandrachud submitted that in both cases the Apex court had observed that the comments did not result in any actual disorder and disruption. In light of these submissions, Dr Chandrachud said that Holey’s comments also should be dealt in a similar manner and concluded his arguments.

Special counsel for the state Manoj Mohite submitted that he would require an hour to argue against the submissions made by Dr Chandrachud and would do so on December 21. The court allowed the request.

Thereafter, Dr Chandrachud requested the bench to direct the police to not take any coercive steps against Holey. Additional public prosecutor JP Yagnik, on the instructions from the three investigating officers from each of the police stations, assured the court that no action would be taken nor would they file a charge sheet against Holey. The officers, however, requested the court to direct Holey to refrain from making any more inflammatory tweets till the petitions were decided.

Dr Chandrachud opposed the request and said that it would amount to curtailing his client’s right to freedom of speech. However, he said that he would ask Holey to refrain from making tweets about the court as it was unacceptable.

After hearing both sides and perusing the tweets posted by Holey since the court started hearing her petitions, the bench asked Dr Chandrachud to advice his client to refrain from posting comments on the three petitions and also directed the police from taking any coercive action against Holey in the cases till January 12, 2021.

The matter is posted for hearing on December 21 at 4.30pm.