Art of letter writing almost on verge of extinction: Punjab and Haryana High Court

Saurabh Malik

Chandigarh, March 29

The art of letter writing, with the formation of sentences punctuated with proper grammar, is almost on the verge of extinction, the Punjab and Haryana High Court has asserted. The assertion by Justice Anupinder Singh Grewal came in a case where the police registered an FIR against a youth who used the expression “straight shooter” in a WhatsApp message to the complainant.

Justice Grewal asserted the FIR was based on a WhatsApp message sent by the petitioner to the complainant. The message began with reference to certain property and a certain sum of money. In the latter part of the message, “boss-to-boss” and “straight shooter” were used.

Making it clear that a “straight shooter” was a straightforward and forthright person, who would call a spade a spade, Justice Grewal added the expression did not mean literally to shoot with a firearm. It did not even refer to any violent activity or meant literally.

Justice Grewal also quashed the FIR registered on March 7, 2019, under Sections 386 and 506 of the IPC at “Faridabad Central” after asserting that the use of the slang was fairly common amongst the younger generation adept at messaging and could be misunderstood if taken literally. The messages may often appear to be cryptic, but the point was driven home.

Section 386 deals with extortion by putting any person in fear of death or of grievous hurt. Justice Grewal added an offence under Section 386 would not be attracted. A bare look at the WhatsApp message in the attending facts and circumstances would not indicate that the complainant was put to fear of injury, or there was any inducement to deliver property or valuable security.

Justice Grewal observed even if a phrase or an idiom sent through a message was capable of two interpretations, the one favourable to the accused would be acceptable. A narrow and pedantic view may curtail freedom of speech and expression.

“In a democracy, people are free to express their views. Freedom of speech and expression is one of the essential foundations of a democratic society, one of the basic conditions for its progress and for the self-fulfilment of an individual. Besides the message in the instant case, there is no supporting material which would constitute a prima facie case under Section 387 IPC,” Justice Grewal added.            `

Before parting with the case, Justice Grewal added it was noteworthy that the police had been overzealous in registering the FIR. The complaint was made on March 7, 2019, before the Faridabad Commissioner of Police. The FIR was registered and the petitioner was also arrested the same day, although the Supreme Court in Lalita Kumari’s case had held it was not mandatory to arrest the accused immediately on registration of the FIR.