The Chief Judicial Magistrate, Imphal West on Tuesday took up cognizance against Kishorchandra Wangkhem @ KC for defamatory words in a social media platform under section 294/500 IPC; and the court has issued summons for personal appearance on August 29.
Kishorchandra Wangkhem was arrested under the National Security Act (NSA) on November 11, 2018 for allegedly uploading videos criticising the BJP-led governments in Manipur and the Centre for observing Rani Jhansi’s birth anniversary. However, he was released on bail on November 26, 2018 by the CJM, Imphal West.
The IO of the case on July 30, 2022 submitted a chargesheet against KC stating that there is strong evidence of the essence of defamation that Kishorchandra visibly spoke defamatory words, recorded on his mobile and shared on his Facebook account, abusing Prime Minister of India and the chief minister of the state (the ruling BJP political party) and its policy and the RSS for celebrating the birth anniversary of Rani Jhansi in Manipur.
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“The accused uttered such obscene words in abusing national figures, parties, association of India and criticising the policy of the BJP government to the chief minister of Manipur which are the vulgarest words and also challenged the BJP government to arrest him”, the chargesheet stated.
It is also stated that the citizen has the right to freedom of speech and expression but that these are not to be exercised in such a way as to constitute infraction of law. Nobody should go beyond the boundary of the freedom of speech and expression so as to injure the character and reputation of another person, the charge-sheet mentioned.
It charged that the accused had not used the qualified privilege as suggested by the exceptions of section 500 IPC but that the accused spoke the vulgar words without restraint, honesty and proper motive in imputations in the public place, it stated.
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“A ruling political party has the right to observe the birth anniversary of any patriot like Rani Jhansi among its policies as done in respect of other parties for Indian independence. Though the accused uttered obscene words with vulgarity to the prime minister of India and the chief minister of Manipur in public places, they were national personalities voted for by thousands and lakhs of people to lead the Indian union and state of Manipur”, the chargesheet stated.
It may be mentioned that the case dropped sedition charge under section 124-A IPC from the FIR as the activities under the section are not available in the investigation of the case.
