Telangana HC upholds social media freedom, quashes 3 cases against BRS social media activist Nalla Balu

Hyderabad: Telangana High Court has quashed three cases against BRS social media activist Shashidhar Goud, aka Nalla Balu.

The court has laid down guidelines on handling social media-related complaints.

Nalla Balu is facing three cases for retweeting BRS Party tweets. Cops picked him up from his house. He was later sent to judicial remand for 20 days.

Justice Tukaram quashed all 3 cases and issued stern warnings against curtailing free speech. The court directed the state police to ensure such abuse of law is not repeated in the future.

BRS’ legal cell had approached the High Court challenging these cases, calling them unlawful.

"In light of this judgment, I request Telangana DGP Jitender and Director of the Telangana Cyber Security Bureau, Shika Goel, to stop targeting and harassing BRS leaders, cadre, and social media warriors," said BRS working President K. T Rama Rao.

The court has laid down the binding directions for handling speech and social media-related complaints:

Verify locus standi:

Police must confirm that the complainant is the aggrieved person. Third-party complaints in defamation are not maintainable.

Preliminary inquiry required:

FIRs in speech-related offences cannot be registered without verifying the statutory ingredients.

High threshold for speech cases:

No FIR for “promotion of enmity, insult, public mischief, sedition” unless there is clear prima facie incitement to violence or public disorder.

Protection of political speech:

Harsh, offensive, or critical political speech cannot be criminalised unless it incites violence or poses an imminent threat to public order.

Defamation procedure:

Defamation is a non-cognizable offence. FIRs cannot be registered directly; the complainant must approach a Magistrate.

Arrest guidelines:

Police must follow Arnesh Kumar v. State of Bihar principles: no mechanical arrests; proportionality is mandatory.

Prior legal scrutiny:

In political or sensitive speech cases, legal opinion from the Public Prosecutor must be obtained before registering an FIR.

Reject frivolous complaints:

Politically motivated or vexatious complaints must be closed under Section 176(1) BNSS, citing lack of grounds.