Jack Dorsey vs State Of Rajasthan on 7 April, 2020
Brahminical Patriarchy" on the Twitter account, the accused intentionally hurt the religious
sentiments of the Brahmin people at large and also defamed the entire Brahmin society. On these
grounds, they sought dismissal of the miscellaneous petitions urging that the allegations set out in
the impugned FIR do disclose the necessary (6 of 7) [CRLMP-2818/2019] ingredients of cognizable
offences and thus, the same should not be quashed in exercise of this court's inherent powers.
I have given my thoughtful consideration to the submissions advanced at bar and have gone through
the impugned FIR as well as the factual report placed on record by the Investigating Officer. As per
the entire set of allegations made in the impugned FIR and the factual report, it is manifest that the
petitioner Jack Dorsey, being the CEO of the social media company Twitter, was on a tour of India
when the incident took place. As per the contents of the FIR, the offending picture uploaded on the
Twitter platform depicts the petitioner with few ladies and a placard is displayed on which the
allegedly offending words "Smash Brahminical Patriarchy" were inscribed. Upon a consideration of
the entire factual matrix, I am in conformity with the assertions of the petitioners' counsel that the
words referred to supra cannot be construed as having any direct link with the religious sentiments
of any section of society. The phrase which has been castigated as offending in the FIR, may be
construed as laying a challenge to the sociological concepts of a particular section/gender of the
Brahmin community, but by no stretch of imagination can it be perceived that these words can even
remotely be considered as hurting the religious sentiments of any citizen of India nor the same can
be interpreted as creating a religion based rift in any section of society. The words in the poster at
best convey the feelings of the concerned person regarding being strongly opposed to the
Brahminical Patriarchal system and desirous of denouncing the same. Whether or not to follow or
oppose the patriarchal system in the society is a matter of personal choice and cannot be thrust
down anyone's throat. In (7 of 7) [CRLMP-2818/2019] this background, I am of the firm view that
from a bare perusal of the allegations set out in the impugned FIR, the ingredients of the offences
alleged are prima facie not made out.
Without prejudice to the above, counsel Mr. Bora acting on instructions, assured that the petitioner
Ms. Anna M.M. Vetticad, who unintentionally posted the picture on her Twitter account, would be
tendering an apology on her account for placating the sentiments of the complainant or any other
person, who may have been offended thereby.
In wake of the discussion made hereinabove, I am of the firm opinion that allowing investigation of
the impugned FIR to be continued is absolutely uncalled for. Without any doubt in the mind of this
court, the impugned FIR does not disclose necessary ingredients of any cognizable offence so as to
warrant its registration and investigation in furtherance thereof.
Consequently, the miscellaneous petitions deserve to be and are hereby allowed. The impugned FIR
No.458/2018 registered at the Police Station Basni, District Jodhpur and all subsequent
proceedings sought to be taken thereunder are hereby quashed. The stay application is also disposed
of.
(SANDEEP MEHTA),J Pramod/-
Indian Kanoon - http://indiankanoon.org/doc/150716343/
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