The Punjab and Haryana High Court on Friday dismissed an anticipatory bail plea filed by academic Madhu Kishwar in connection with an FIR registered by Chandigarh Police over the upload and circulation of a video on social media allegedly resembling the holder of a constitutional post.
Justice Aman Chaudhary, after hearing Kishwar's petition for pre-arrest bail, observed that there is a difference between constructive criticism and tweeting to malign. The FIR was registered on April 19 at Sector 26 police station under the Bharatiya Nyaya Sanhita and the Information Technology Act.
Kishwar's petition argued that the only allegation against her was that she had retweeted a 14-second clip on X, which was described as "innocuous and without any ill intent." Her counsel contended that the charge of forgery did not stand as she was not the creator of the video. They emphasized that she is a seasoned academic who has authored many books and has no criminal antecedents.
Opposing the plea, UT special public prosecutor Amit Jhanji and his team submitted that it was not a "mere retweet." The prosecution stated that the video was originally uploaded by another person on Facebook, Instagram, and YouTube, and the petitioner downloaded it and uploaded it on X. They pointed out that Kishwar has a following of 18 lakh on X. "The post got widely circulated and received 1,74,000 views... She not only aided in spreading misinformation, but also defamed the image of the head of government," said Jhanji.
After hearing both sides, Justice Chaudhary referred to the status report and noted that Kishwar had failed to appear despite notices issued on April 20, April 26, and May 5. The court observed that while the video was uploaded on other social media platforms, it was only after the petitioner uploaded it with her comments that it garnered 1,74,000 views and speculations were made about it resembling the holder of a constitutional post.
The High Court remarked, "There is, however, an obvious distinction between constructive criticism and tweeting/trolling to malign, cause aspersions and insinuations, and in case the same is by someone like the petitioner, who has a large social media following, the magnitude of the repercussions can be far from what can be fathomed."
