New Delhi: The Bombay High Court on Wednesday quashed a Mumbai Police FIR against Sunaina Holey for her tweet allegedly promoting enmity between two communities.
Holey was booked after her tweet about the sea of migrant workers gathered outside Bandra Station, in Mumbai, at the peak of the nationwide lockdown on April 14, 2020.
The Court said that the tweet did not name any communities and it has to be judged from the perspective of a prudent man, reported Bar and Bench
A division bench of Justices SS Shinde and MS Karnik had reserved the petition for orders on January 7.
#BombayHighCourt to deliver verdict in plea filed by Mumbai resident Sunaina Holey for quashing FIR registered against her pertaining to tweet allegedly promoting enmity between two communities.
Pronouncement by Bench of Justices SS Shinde and MS Karnik @ 1.30pm.@SunainaHoley pic.twitter.com/ZrtRvSWgGp
— Bar & Bench (@barandbench) May 5, 2021
According to Bar and Bench, “Neither community nor religion is named. If test of strong or prudent person is applied said tweet cannot be said to have created hatred between community or show the petitioner has mens rea,” the Court said.
Reacting to the high court decision, Sunaina Holey wrote, AND WE WON! Sunaina Holey vs State of Maharashtra We defeated fascist @OfficeofUT, Thanks to each one of you for standing with me… Much Love ❤, Jai Shree Ram
AND WE WON!
Sunaina Holey
?
State of MaharashtraWe defeated fascist @OfficeofUT..
Thanks to each one of you for standing with me… Much Love ❤
Jai Shree Ram ?
— Sunaina Holey (@SunainaHoley) May 5, 2021
Aside from the FIR quashed on Wednesday, two more FIRs have been registered against her in connection with her tweets against Maharashtra Chief Minister Uddhav Thackeray and State Cabinet Minister Aaditya Thackeray.
