Holding that the right to dissent in a legitimate manner is an integral part of the right to freedom of speech and expression guaranteed under the Constitution, the Supreme Court on Thursday quashed a criminal case against a professor for his WhatsApp status describing abrogation of Article 370 as a ‘Black Day’ for Jammu and Kashmir.

Javed Ahmed Hajam – who hails from Baramulla in Jammu and Kashmir and works as a professor at Sanjay Ghodawat College in  Kolhapur district of Maharashtra — had in a WhatsApp group of teachers and parents, posted — “August 5 – Black Day Jammu & Kashmir.”,“14th August – Independence Day Pakistan”.

Terming it as an expression of his individual view and his reaction to the abrogation of Article 370 of the Constitution, a Bench led by Justice AS Oka said, “It does not reflect any intention to do something which is prohibited under Section 153-A. At best, it is a protest, which is a part of his freedom of speech and expression guaranteed by Article 19(1)(a). Every citizen of India has a right to be critical of the action of abrogation of Article 370 and the change of status of Jammu and Kashmir.”