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A reasonable restriction a la Article 19(2).Īn apology, however, would be something else entirely, an acknowledgement that Sharma had in fact done something offensive regardless of what happened in the eventual case. Such a position could maybe justify saying that the post by Sharma should be taken down while the case goes on – which Sharma had already done. Justice Banerjee’s statement that freedom of speech cannot encroach on the rights of others was irrelevant at this stage.

How had the judges decided the post was offensive enough to require an apology? If it was not about what was legally wrong, as Justice Khanna had said, how could an apology be made a legal requirement for getting bail? They are not supposed to amount to pre-judging a case, as an apology here certainly would have. Justice Khanna tried to explain what was happening by saying the apology was separate from the legal issues in the case, that this wasn’t a condition for her getting bail but she should still do it for the offence caused to Mamata Banerjee:Ĭonditions for grant of bail are supposed to ensure the accused person doesn’t run away, or tamper with evidence, or threaten witnesses. Had the court already decided Sharma had done something wrong, without a trial? Was a meme not covered by the fundamental right to freedom of speech in Article 19(1)(a) of the Constitution? Justice Banerjee was not amused by the meme, and so said that even though they were going to grant Sharma bail, she also had to apologise for the post.Ĭue understandable confusion as everyone tried to understand what was going on.

Instead, the vacation bench of Justices Indira Banerjee and Sanjiv Khanna left everyone in the courtroom flabbergasted when they said the BJP youth leader needed to apologise to the chief minister. This would neither have prejudiced the criminal case by the police nor any attempt by Sharma to get the case quashed, and the judges could have gone home having done their bit for due process and the rule of law. Now look, nobody is asking the Supreme Court to play interventionist in this issue and quash this unwarranted FIR, even though it would be nice to see the courts take a no-nonsense stand on these kind of frivolous complaints which are clearly meant to curtail the fundamental right to freedom of expression.Īll that needed to happen here was for the court to see if there was any requirement for custody in this case (there wasn’t, by the way) and on that basis decide whether to grant Sharma bail or not.

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Too caught up to read the full story? Listen to it here instead: The complaint was filed by a random third party, not the person who was allegedly defamed, and Section 66A of the IT Act was dragged in even though it was struck down by the Supreme Court four years ago in the Shreya Singhal case. This whole exercise reeks of bad faith, and an attempt to send a message to those opposing Mamata Banerjee and her party.

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She was then booked under Section 500 of the Indian Penal Code (defamation) as well as Section 67A (publishing obscene images) and Section 66A (offensive messages) of the Information Technology Act, and remanded to 14 days custody. Unclear exactly why it’s so funny, but the template has been used in.

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The image wasn’t exactly in the greatest of taste, but it was neither a sexually explicit image, nor was there any derogatory text on the meme.Ī local TMC leader took offence at what she had done (even though she had not even created the image, and was just one of many who had shared it online) and filed a criminal complaint against Sharma. One of the first, and perhaps weirdest, memes of quarantine was this strange Gossip Girl meme featuring Blake Lively, as Serena saying I have to pee, and Leighton Meester, as Blair, responding Go piss girl (a rearrangement of the TV show’s title). Priyanka Sharma, a BJP youth wing (BJYM) leader in West Bengal, shared a meme on Facebook in which Mamata Banerjee’s face had been superimposed with Priyanka Chopra’s from the latter’s photos at the recent Met Gala. It happened after Ishq, when a middle finger was raised dramatically on the face of patriarchy.Why? Think about what exactly happened here. Last scenes in films, and especially those with sharp comebacks, can sometimes have a rippling effect. The scene has been mercilessly trolled – and that’s where the Freedom Fight meme comes in. If one wondered why the misogynistic proposal by Mohanlal to actor Aishwarya was reposted instead of being forgotten forever, well that’s because the production house was unhappy – perhaps even outraged.

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MollywoodThe retort, with two words of profanity, has been used in multiple memes to call out any misogynistic lines glorified in films in the past.CrisAlert: Spoilers ahead Malayalam film production house Aashirvad Cinemas uploaded a video from Mohanlal’s 2000 movie Narasimham on Valentine’s Day.

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