NAVI MUMBAI: The CBD-Belapur police on Tuesday arrested a 33-year-old
MBA
degree-holder from Ghatkopar for posting defamatory comments on social media against NCP chief Sharad Pawar, NCP MP Supriya Sule, ex-CM and Shiv Sena (UBT) chief
Uddhav
Thackeray, NCP MLA Rohit
Pawar
and UBT Sena MLA Aaditya Thackeray.
The FIR was registered on Monday on a complaint lodged by NCP’s (Sharad Pawar group) Navi Mumbai women’s wing general secretary Bhawana Ghanekar (38) alleging that Vishal Gorde had deliberately made objectionable comments in a Facebook post to create animosity and riots.
Giridhar Gore, senior inspector of CBD-Belapur police station, said the accused was arrested from his residence at Bhatwadi in Ghatkopar on Tuesday evening. Gorde was produced before the Vashi judicial magistrate’s court and remanded in police custody for 14 days. He has applied for bail.
Gorde has been booked under Sections 153A (creating enmity), 294 (obscene acts or words in public place), 501 (printing defamatory matter), 504 (intentional insult) and 506 (criminal intimidation) of the Indian Penal Code along with Section 67 of the IT Act.
Police said Gorde claimed he had posted the comments against the NCP and UBT Sena leaders under influence of alcohol as he was mentally disturbed and frustrated because of being unemployed. He claimed he had been working in a private company in Rabale but lost his job during the pandemic in 2021.
Thereafter, he said, he started providing manpower to some companies but was unable to earn much and to financially support his family. He said he belonged to a middle-class family; while his father works as a transport agent, his mother is a homemaker and his sister a college student.
Retired IPS officer-turned lawyer Y P Singh said, “There is a legal principle whereby ‘what cannot be done directly cannot also be done indirectly.’ The Supreme Court has clearly declared that Section 66A of the IT Act was ultra vires the Constitution. Therefore, it seems sections of the IPC have been stretched so as to circumvent the SC’s mandate. Freedom of speech and expression is the foundation of the Constitution, and such stretching of the law ought to be held as impermissible.”
Advocate Prashant Mali, a cyber law expert, said, “Writing vulgar comments is stretching freedom of speech and has become a fashion. Youngsters should understand that police will trace their Internet Protocol (IP) address and put them in jail. I think what to write and what to avoid on social media should be taught in schools and by parents to their kids. Social media etiquette training is the need of the hour.”
Ritesh Bhatia, a cyber expert, said, “In the digital age, the power of social media is a double-edged sword. While it offers a platform for free expression, it demands responsible usage. The arrest serves as a stark reminder that venting frustration through online platforms can have serious consequences. Constructive dialogue is essential for a healthy democracy, and abusing public figures not only perpetuates negativity but can lead to legal repercussions. Let us harness the potential of social media for positive change and fostering respectful discourse rather than contributing to a toxic environment.”