New Delhi: The Supreme Court on Thursday refused to entertain a writ petition seeking the quashing of an FIR registered by the Gujarat Police against Gurudath Shetty K of Bengaluru over a social media post allegedly targeting Prime Minister Narendra Modi on X (formerly Twitter). A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice Vipul Pancholi observed that the petition was not a fit case for the exercise of the Court’s discretionary jurisdiction and that the petitioner had “brazenly abused the pristine fundamental right of free expression and speech.”
Shetty, a BJP worker, had challenged the FIR lodged under Sections 336(4) and 79 of the Bharatiya Nyaya Sanhita and sought quashing of the FIR and related communications on the ground that they were illegal, arbitrary, and violative of constitutional and statutory safeguards. His counsel argued that the petitioner had not authored the post but had merely reposted it with a question mark, and urged the Supreme Court to grant a short period of protection to enable him to approach the jurisdictional High Court.
The Chief Justice sharply questioned the lack of remorse shown by the petitioner, noting that the contents of the impugned post had not even been annexed to the petition. The Bench stated that it could not extend any discretion or relief, holding that the fundamental right to freedom of speech and expression cannot be abused in a manner that denigrates public discourse and targets the highest constitutional office without justification.
The Supreme Court dismissed the petition, clarifying that Shetty remains at liberty to approach the appropriate High Court for relief in accordance with established law.
According to the FIR, the complainant alleged that the content of the post was intended to tarnish the reputation of the Prime Minister. Shetty’s petition also contended that the Ahmedabad Police had approached his residence without a warrant and issued a notice under Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), directing him to appear before the investigating officer. The petitioner claimed that he was taken by the police to Gujarat but was later released and served with the notice.
The Supreme Court’s refusal to quash the FIR aligns with a broader judicial trend in recent years, where courts have declined to overturn FIRs lodged over controversial social media content targeting public figures, including past refusals in cases involving remarks against the Prime Minister or others. In such cases, courts have consistently held that prima facie cognizable offences warrant investigation and should not be interfered with at the threshold stage.
Case Details:
Case Name: Gurudath Shetty K v. State of Gujarat
Petitioner: Gurudath Shetty K, Bengaluru
Respondent: State of Gujarat (Gujarat Police)
Writ Petition (Criminal) No.: 515 of 2025
Bench: Chief Justice Surya Kant, Justice Joymalya Bagchi, Justice Vipul Pancholi
Advocate for Petitioner: Rashi Jindal, AOR
Statutes Invoked: Sections 336(4) and 79 of the Bharatiya Nyaya Sanhita (offences relating to social media posts)
