'It's A Complete Gag': SC Stays Kerala HC Curbs On Activist Rehana Fathima For Sharing Material On Social Media

The SC ruling comes after Rehana Fathima moved the top court against challenging the November 23, 2020 order of the Kerala High Court, which imposed restrictions on her for uploading a video of a cookery show on social media where she had allegedly hurt religious sentiments.

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New Delhi: The Supreme Court on Tuesday stayed the Kerala High Court order which restrained Kerala-based activist Rehana Fathima from using visual or electronic media to publish or share any material or comments. However, the top court also directed Fathima not use social media platforms to hurt religious sentiments or feelings.

The SC ruling comes after the former BSNL employee moved the top court against challenging the November 23, 2020 order of the Kerala High Court, which imposed restrictions on her for uploading a video of a cookery show on social media where she had allegedly hurt religious sentiments. The High Court had also imposed additional bail condition on her in connection with the case lodged for the alleged offence of deliberate and malicious acts. 

As per reports, senior advocate Colin Gonsalves, representing Fathima, urged the top court to set aside a bail condition imposed by the Kerala High Court. The High Court order stated that till the trial is over, the activist was not allowed to sharing or transmit any material or her comments through visual and electronic media, which is open to public.

The top court also ruled that there shall be stay of the bail condition no.2 of the impugned order dated November 23, 2020 which reads as follows: (ii) Till the trial is over, accused shall not directly, indirectly or through any other person publish, transmit, share, upload or disseminate or publish any material or any of her comments through any visual and electronic media, open to public.', the bench, also comprising Justices Hemant Gupta and B R Gavai, said while issuing notice on her plea to Kerala government.

It is a "complete gag", the SC bench observed while staying the condition imposed by the Kerala High Court. 

Meanwhile, the Supreme Court also noted that bail condition imposed on her by the high court in its December 2018 order - that she shall not make, share and forward any comment which may affect or has the propensity to affect the religious feelings or sentiments of any community or group of society - would continue.

Fathima was granted bail in December 2018 by the High Court in the case and several conditions were imposed on her.