The Supreme Court on Monday halted criminal proceedings against psephologist Sanjay Kumar, co-director of the Centre for the Study of Developing Societies (CSDS), over a social media post linked to the 2024 Maharashtra Assembly elections.
A Bench led by Chief Justice of India B.R. Gavai issued notice to the Maharashtra government after Kumar sought to quash two FIRs registered against him. The FIRs were filed following his online analysis pointing to fluctuations in voter numbers across constituencies, which he later admitted contained errors.
During the hearing, the Chief Justice noted that Kumar had already deleted the post and issued an apology. His counsel emphasized his “impeccable integrity,” stressing that the error was unintentional.
Kumar argued that a mistaken social media post cannot amount to forgery or justify criminal charges. He maintained that such actions violate principles of fairness and natural justice, and risk creating a chilling effect on free speech.
The Supreme Court’s interim relief is significant, as it highlights judicial scrutiny over the criminalization of speech in the digital sphere, particularly concerning academic or analytical commentary in the electoral process.
