Freedom of speech must have its limits, says Bombay High Court

Freedom of speech and expression must not be permitted to go beyond the limits of reasonableness, failing which it can cause disastrous consequences, the Bombay High Court has said.

Justice Milind Jadhav made the observation on Tuesday (December 12) while upholding the sacking of an employee by Hitachi Astemo Fie, an auto parts manufacturing company.

The employee was terminated after he uploaded two Facebook posts against the company.

The company approached the high court challenging an order of a labour court which reversed the sack order.

Justice Jadhav said the posts were directed against the company with a clear intent to incite hatred and were provocative.

"A strong message needs to be sent out against such acts," the judge said.

Court ruling

"Freedom of speech and expression cannot be allowed to be transgressed beyond reasonableness. If that is allowed, it could lead to disastrous consequences," he added.

"Discipline is the hallmark of any employee/workman when he is required to conduct himself as a workman," the court said.

"In today's technologically advanced world, mobile phone is carried 24X7 by every person. Access to Facebook account is more conveniently accessed through the mobile phone," the court noted.

Hitachi said the employee put the Facebook posts during a wage dispute.

The company claimed the posts were defamatory, tarnished its reputation and incited and instigated its employees against the company management.

In 2018, the employee was held guilty of misconduct and sacked. After the employee challenged the termination, the labour court in Pune quashed the order. Hitachi then moved high court.

(With agency inputs)