Freedom of expression is not a license to abuse, says HC, but eschews a gag order | India News – Times of India

KOLKATA: One should not “cross the boundaries of decency and law”, Calcutta HC said on Wednesday, adding that the breadth of freedom of expression neither gave anyone a “license to abuse”, nor to make “irresponsible or motivated insinuations that could cause violence in society”, although “the social democratic structure of the country is elastic to accommodate unpopular views”.
However, HC refused one gag order against a former BJP neta to air her views, which would amount to “pre-censorship”. Her own “common sense” should determine what views exist interfaith matters and secularism that it should radiate, it said.
The division bench of Justices Joymalya Bagchi and Gaurang Kanth heard a anticipatory application for bail submitted by one Nazia Elahi Khan. HC granted her the bail she demanded, but frowned at the tone and essence of the contents of her post on social media.
“Petitioner’s interview contains baseless insinuations against a religious community”, Justice Bagchi observed and added: “We are aware that the petitioner has freedom of expression. However, freedom does not give her the right to express insinuations against others.”