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Power U/s 41A CrPC Cannot Be Used to Intimidate, Threaten or Harass: SC Stays Police Summons To Delhi Resident For FB Post Against West Bengal Govt.

The Supreme Court has stayed a direction to a Delhi resident accused of making an ‘objectionable’ Facebook post against West Bengal Government, to appear before the Investigating Officer in West Bengal in response to a notice issued under Section 41A of the Code of Criminal Procedure. “Cognizant as the Court is of the underlying principles which restrain the exercise of judicial review in the matter of police investigation, equally, the court must safeguard the fundamental right to the freedom of expression under Article 19(1)(a) of the Constitution. There is a need to ensure that the power under section 41A is not used to intimidate, threaten and harass.”, the bench comprising Justices DY Chandrachud and Indira Banerjee said.

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