Messages Prima Facie Affecting Public Harmony: Telangana High Court Refuses To Quash Proceedings Against WhatsApp Group Admin
The Bench noted that the administrator was accused of circulating messages allegedly affecting communal harmony and public peace.
The Telangana High Court has refused to quash criminal proceedings against a WhatsApp group administrator accused of circulating messages allegedly promoting communal disharmony and damaging the reputation of a political leader.
It was alleged that the petitioner, who was the administrator of a WhatsApp group named “Marikal”, along with another accused, circulated messages allegedly aimed at harming the political career and reputation of the complainant, an active member of the TRS Party and leader of the Rythu Samanvaya Committee.
Justice Tirumala Devi Eada observed, “…the petitioner has shared a message on the WhatsApp group, which is a prominent social media and thus, the petitioner is not justified in posting objectionable messages in the WhatsApp group. The allegations point out that the said message would harm the reputation and tarnish the image of the de facto complainant. Since the allegations prima facie point out the offences alleged against the petitioner, the proceedings cannot be quashed…”.
Noting the alleged WhatsApp messages filed along with the petition, the Bench further observed, “…prima facie, point out that there is threat of public peace and harmony perceived by the de facto complainant…”.
Advocate M. Vijaykumar Goud appeared for the petitioner and Advocate D. Arun Kumar appeared for the respondent.
The Bench was hearing a petition filed by Lakakula Ayappa, accused in proceedings pending before the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Narayanpet, under Sections 504, 505(2), and 153A(a)(b) IPC.
The prosecution alleged that certain messages circulated in the group contained statements against the complainant and also attempted to provoke members of the Muslim community against him. Other messages allegedly accused political leaders of being involved in land grabbing and financial misconduct.
The petitioner argued that the messages did not disclose any offence, did not promote hatred between communities, and were protected by the right to freedom of speech and expression. It was contended that mere sharing of messages in a WhatsApp group could not attract offences under Sections 153A or 505(2) IPC.
Thus, relying on the Bombay High Court’s decision in Kishor v. State of Maharashtra 2023 SCC OnLine Bom 1515, the Court observed that users cannot avoid responsibility by claiming that the communication had limited circulation among group members.
The Bench held that since the allegations prima facie disclosed the ingredients of the offences alleged, the truthfulness of the claims and credibility of witnesses would have to be examined during trial and the proceedings could not be terminated at the threshold.
However, considering the circumstances, the Court permitted the petitioner to be represented through counsel before the trial court and dispensed with his personal appearance unless specifically required.
Cause Title: Lakakula Ayappa v. The State of Telangana (Neutral Citation: 2023 SCC OnLine Bom 1515)
Appearances:
Petitioner: M. Vijaykumar Goud, Advocate.
Respondent: D. Arun Kumar, Bajarang Singh Thakur, Advocates.