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22h ago

Telangana HC Quashes Activist Cases, Sets Strict Rules for Social-Media FIRs

The order elevates protections for political speech by requiring locus verification, a preliminary inquiry, prior prosecutor review before police act on online posts.

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A man wearing a white shirt with black vertical stripes is standing indoors. He has short black hair, a mustache, and a small tilak on his forehead. Behind him, there is a large framed portrait of BRS president KCR in a white outfit, smiling with hands folded.
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Overview

  • Justice N. Tukaramji struck down three FIRs against BRS activist Nalla Balu over tweets critical of the Chief Minister, ruling the posts did not meet legal thresholds for the alleged offences.
  • The court formalised guidelines for speech-related cases, directing police to verify the complainant’s standing, conduct a preliminary inquiry, apply a high incitement threshold, and seek legal opinion in sensitive matters.
  • Defamation was reaffirmed as a non-cognizable offence requiring a complaint from the aggrieved party and magistrate approval, with frivolous or politically motivated complaints to be closed under Section 176(1) BNSS.
  • Mechanical arrests were declared impermissible, with the court citing Arnesh Kumar safeguards, criticising illegal entry and arrest in Balu’s case, and stressing proportionality in criminal process.
  • A day earlier, Justice K. Lakshman quashed three identical FIRs against BRS leader K.T. Rama Rao over reposting a TV and YouTube report on an alleged exam paper leak, holding multiple FIRs on the same allegation cannot stand.