SC Stays FIR against Psephologist Sanjay Kumar over erroneous Maharashtra Poll Tweet

New Delhi, Aug 25 (UNI) The Supreme Court today stayed proceedings in two FIRs registered by Maharashtra police against Professor Sanjay Kumar, psephologist and Co-Director of the Centre for the Study of Developing Societies (CSDS), over a tweet carrying a mistaken analysis of the 2024 Maharashtra Assembly elections.

A Bench comprising Chief Justice of India B.R. Gavai and Justice N.V. Anjaria passed the interim order while issuing notice on Kumar’s writ petition seeking quashing of the FIRs.

On August 17, Kumar had posted on X (formerly Twitter) about changes in the number of voters in specific constituencies.

Realising the analysis was erroneous, he issued a clarification and apology on August 19.

Despite this, police officers reporting to the Election Commission registered two FIRs, one in Nashik and another in Nagpur under sections 175, 353(1)(b), 212, 340(1)(2), and 356 of the Bharatiya Nyaya Sanhita, 2023.

Challenging the FIRs, Kumar argued before the apex court that the allegations were baseless and amounted to “an abuse of State power.”

His petition stated, “A tweet giving wrong information cannot form the basis of an FIR for offences such as forgery. The allegations are demonstrably inapplicable as there was no criminal intent. The post was a bona fide and inadvertent error, for which a public apology was issued.”

The plea further contended that the FIRs lodged by officials attached to the Election Commission amounted to harassment of a respected academic and created a “chilling effect” on free speech.

The petition was filed through Advocate-on-Record Sumeer Sodhi. The matter will now be taken up after notices are served.

 

Leave a Reply