Supreme Court Affirms Labeling August 5 as “Black Day” as Protected Expression of Protest and Anguish

In a significant ruling, the Supreme Court reaffirmed the fundamental right to dissent as an essential component of leading a dignified life under the Constitution. The apex court’s remarks came as it quashed a criminal case lodged against Javed Ahmad Hajam, a Kashmiri professor working in a Kolhapur college in Maharashtra.

The bench, comprising justices Abhay S Oka and Ujjal Bhuyan, underscored the importance of dissenting voices in a democracy, emphasizing that every citizen of India has the right to be critical of governmental actions, such as the abrogation of Article 370 and the change of status of Jammu & Kashmir.

Critically, the court highlighted that labeling August 5 as a “Black Day” constitutes an expression of protest and anguish, which falls within the ambit of protected speech. Section 153A of the Indian Penal Code (IPC), which penalizes acts prejudicial to the maintenance of harmony, cannot be used to stifle legitimate dissent or criticism of state actions.

The judgment underscores the significance of Article 19(1)(a) of the Constitution, which guarantees the right to freedom of speech and expression. The court emphasized the need to educate law enforcement agencies on the nuances of free speech and the importance of democratic values enshrined in the Constitution.

Addressing the specific case of Javed Ahmad Hajam, the court ruled that his WhatsApp status expressing criticism of the abrogation of Article 370 and the celebration of Pakistan’s Independence Day on August 14 was well within his constitutional rights. The court rejected attempts to attribute motives to Hajam based on his religious identity, emphasizing that goodwill gestures towards other countries do not amount to promoting enmity or disharmony.

Furthermore, the court highlighted that the right to dissent must be respected, even if it may lead to disagreement or discomfort among certain individuals.