In a rare display of support for citizens’ freedom of expression, the Supreme Court overturned a criminal case against Professor Javed Ahmad Hajam, who described the day of Article 370’s operationalisation as a “black day” for Jammu and Kashmir.
The professor, originally from Baramulla in the Kashmir and working in Maharashtra, faced backlash for his WhatsApp status messages expressing discontent.
A Bench comprising Justices Abhay S. Oka and Ujjal Bhuyan observed that calling August 5 a black day for J&K was an expression of the petitioner’s individual view.
“It does not reflect any intention to do something which is prohibited under Section 153A. At best, it is a protest, which is a part of his freedom of speech and expression guaranteed by Article 19(1)(a),” the Bench added.
Despite facing a First Information Report (FIR) under Section 153A of the Indian Penal Code (IPC), the Court upheld his right to protest, citing Article 19(1)(a) of the Constitution.
