Pune: Supreme Court Quashes FIR Against Man Who Filmed Traffic Constable Demanding Rs 1000 Fine
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New Delhi: In a significant judgment, the Supreme Court quashed an FIR filed against Pune resident Vijay Sagar, who recorded a Facebook Live video of a lady traffic constable allegedly demanding an illegal cash fine of ₹1,000. The apex court ruled that holding Sagar liable for vulgar or defamatory comments made by unknown individuals on his video would amount to an abuse of the legal process.
The FIR, registered under Sections 500 and 509 read with Section 34 of the Indian Penal Code and Section 67 of the IT Act, was filed two days after the video went viral. It accused Sagar of defamation and other offenses. The Supreme Court’s verdict, delivered on November 27, 2024, brought relief to Sagar after a prolonged legal battle.
The Incident
The controversy began in November 2022 when Sagar parked his two-wheeler near a footpath on J.M. Road in Pune. His vehicle was towed by traffic police to a Shivajinagar chowki. Upon arrival, he was asked to pay a ₹785 fine online, which he complied with. However, he was also asked to pay an additional ₹1,000 in cash for a supposed “corporation fine.”
Finding the demand questionable, Sagar began a Facebook Live video to highlight his ordeal. The video garnered significant attention but also attracted vulgar comments from unknown individuals against the lady constable. After Mr. Sagar deleted the video, the constable filed the FIR.
The Legal Journey
Initially, Sagar secured anticipatory bail from a Pune Sessions Court. A subsequent writ petition to quash the FIR was dismissed by the Bombay High Court, citing that a chargesheet had already been filed. This led to a Special Leave Petition in the Supreme Court.
Advocate Satya Muley, representing Sagar, argued that freedom of speech under Article 19(1)(a) of the Constitution protects individuals who post legal content on social media. He emphasized that Mr. Sagar could not be held responsible for unsolicited comments by third parties.
Supreme Court’s Observations
The Supreme Court stated that prosecuting Sagar would be “an abuse of process of law.” It clarified that individuals are liable only for their own posts, not for comments by others. However, the court noted that the complainant could pursue legal action against those who used offensive language.
Adv. Muley highlighted that the police lacked statutory authority to demand cash fines for corporation violations under the Maharashtra Municipal Corporation Act. He pointed out that this practice was illegal and urged citizens to avoid paying such fines.
The judgment underscores the importance of upholding fundamental rights while holding public authorities accountable. It also raises questions about the misuse of legal provisions in cases involving social media.
This verdict is a landmark for protecting individual rights in the digital age.
