New Delhi, 19 Dec

The Supreme Court on Friday refused to quash an FIR against a Bengaluru resident for a social media post critical of Prime Minister Narendra Modi, holding that the petitioner had “brazenly abused” the right to free speech.

A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi dismissed the plea filed by Gurudath Shetty, 24, who had challenged the FIR for reposting content, alleging that the PM lacked remorse or repentance for people he had abused.

“The petitioner has brazenly abused the fundamental right of free speech and expression. We cannot extend any discretion or relief at this stage,” the bench said, while granting liberty to Shetty to approach the jurisdictional high court for appropriate remedies.

The court also refused to grant interim protection, rejecting a request for a five-to-seven-day reprieve. “There is no question of protection,” the Chief Justice said.

Shetty has been booked for cognisable and bailable offences under Sections of the Bharatiya Nyaya Sanhita. His counsel submitted that Shetty was willing to tender an unconditional apology and claimed he was not the author of the post but had merely reposted it with a question mark.

The Chief Justice, however, observed that Shetty had shown no remorse or repentance. The FIR alleges that the post was intended to tarnish the PM’s reputation.

In his petition, Shetty claimed Gujarat Police personnel visited his Bengaluru residence on 10 November without a warrant, took him away and later served him a notice under the Bharatiya Nagarik Suraksha Sanhita to appear before investigators.