Court disposes ‘Captain Murugan’ case sans FIR
‘If one cannot write sarcasm properly, he needs proper training in the art’
Session Judge, Imphal West A Guneshwar on July 31 disposed of the pre arrest bail application of Omen Achom (Captain Murugan) after the OC of the Imphal Police Station submitted a report that no FIR has been lodged against him in connection with his Facebook post.
While passing the order, the court, however, expressed its reservations on the prevailing trend of posting 'anything on everything’ specially in social media medium on the pretext of exercising fundamental right of free speech as enshrined in the Constitution of India, “without having any scant respect for infringements caused to the fundamental rights of fellow citizens.”
The court observed that another aspect in the present case in hand is that many people are supporting the Facebook post of Captain Murugan in social media by stating that people of Manipur are not able to understand the true meaning of the post written in the form of ‘sarcasm’.
"The dictionary meaning of sarcasm is ‘the use of irony to mock or convey contempt’. In plain words, sarcasm is intended to express the opposite meaning in a mockery sense. The freewheeling keyboard maniac supporters of Captain Murugan say that the people of Manipur cannot understand the post made in sarcasm and are very reactive," the court stated.
The order stated that speech, either written or spoken, is used to convey one’s views to the mass.
"If the writer has failed to do so, the fault lies with him and not with the people. It will be preposterous and naive to presume that all people, except a few self-styled social media intellectuals, are not able to understand the post written in sarcasm. If one cannot write sarcasm properly, he needs proper training in the art of writing sarcasm and till then, it will be better for him to write in plain language so that there is no scope confusion at all," it added.
The order further stated that the best sarcasm in the subject matter is written by veteran actress Rekha in Hindi where she exposed the double standard in the treatment given to the people of NE India. It will be useful to emulate the style of Rekha till proper training is received in writing sarcasm, it added.
Omen Achom who goes by the social media handle ‘Captain Murugan’ on Facebook is a research scholar and a resident of Khonghampat Mayai Leikai, Imphal West.
Following S Mirabai winning a silver medal at the ongoing Tokyo Olympics, he had posted, “OMG… Chinese girl from Manipur wins Olympic Silver for India. Why did India hire this Chinese girl who is fit to be only in Spa and Saloons and Restaurants, who are slut shamed for wearing “tiny” clothes, who are often asked “what’s your rate?” who are often sexually molested, raped and harassed in mainland India and by the paramilitary forces at home. Nation wants to Know!!”
His Facebook post immediately drew flak from certain groups and sections. On July 26, the Court of Session Judge, Imphal West judge, had directed the OC of Imphal police station to furnish detailed reports regarding the matter.
As per the report made by the OC, Omen Achom appeared before the OC, Imphal Police station on July 28 and submitted a written apology for the misunderstanding created by his post. His written apology stated that he made a sarcastic note, protesting against the double standards subjected to the people from NE.
It stated that no FIR is lodged against the petitioner regarding his Facebook post. Accordingly, the anticipatory bail application under Section 438 CrPC is disposed of as infructuous, it added.