20-WPCR-777-2025__F_(1).DOC
Suchitra / Andreza
IN THE HIGH COURT OF BOMBAY AT GOA
CRIMINAL WRIT PETITION NO.777/2025 (F)
GAURAV BAKSHI, Son of Birendra Singh Bakshi 48 years of age, Indian National, Businessman and Social Activist, Rio Flat No. B-402, Martins Palm Fringe, Cardozo Waddo, Taleigao,
Tiswadi, Goa.
… PETITIONER
Versus
1. STATE OF GOA, hrough the Public Prosecutor and High Court of Bombay at Goa, Porvorim, Goa.
2. THE POLICE INSPECTOR,
Crime Branch Police Station, Ribandar, Tiswadi, Goa.
3. SHRI ADITYA MADANPOTRA
Major of Age, IFS., Dy. Conservator of Forests, Headquarters, Oice of the Principal Chief Conservator of Forests, Forest Department, Van Bhavan, Panaji, Altinho, Tiswadi, Goa-403001. … RESPONDENTS Mr Nigel da Costa Frias with Mr Shane Coutinho and Mr Vineet Surlakar, Advocates for the Petitioner.
Mr Somnath Karpe, APP with Ms S. Vaigankar, Advocate for Respondents No.1 and 2.
Ms Sulekha Kamat, AGA for Respondent No.3.
CORAM: BHARATI DANGRE &
ASHISH S. CHAVAN, JJ.
DATED:
6th OCTOBER 2025 Page 1 of 7
6thOctober 2025
2025:BHC-GOA:2004-DB 2025:B - :2004- B
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ORAL JUDGMENT: (Per Bharati Dangre, J.)
1. On 02.07.2025, a complaint was made under the signature of Deputy Conservator of Forest, Head Quarters, to the Superintendent of Police (Crime), Ribandar, Goa in regards to a social media post, alleging that the Hon'ble Chief Minister of Goa is responsible for reduction of forest coverage in the State of Goa and that he has acted in utter violation with the directions issued by the Supreme Court.
he post having been uploaded on the Facebook and Instagram, was perceived as intending to cause a fear or alarm to the public against the Government thereby afecting public tranquillity.
Since the Petitioner happened to be the author of this post, he was arraigned as accused in Crime No.80/2025 invoking Sections 196(1) and 353(1) of BNS, 2023.
It is this FIR which is sought to be quashed by iling of the present proceedings.
2. We have heard Mr Nigel da Costa Frias, learned counsel for the petitioner and Mr Somnath Karpe, learned Additional Public Prosecutor for the State.
'Rule'. Rule is made returnable forthwith at the request of and with the consent of the learned counsel for the parties.
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It is urged on behalf of the petition that the complaint, even it is taken at its face value do not disclose commission of the ofences involved in the FIR and the FIR and is only registered on account of political pressure and instigation of some fractions of some political party.
Mr Costa Frias appearing for the petitioner, urge before us that the video of the Petitioner was in public domain so the attempt of the petitioner was to make the public aware of the happenings in the State and in any case it is his contention that the freedom of speech and expression available to him under Article 19(1)(a) of the Constitution of India cannot be scuttled in this way.
3. On the last date of hearing, on hearing Mr Costa Frias and the Additional Public Prosecutor and on viewing the Facebook as well as the Instagram post, which was airdropped to us from a device used by the advocate representing the petitioner, we expressed and indicated to Mr Frias, that the petitioner could ile an aidavit about his intention in uploading the said post, which was widely circulated and as a result we have an aidavit iled by Mr Gaurav Bakshi, the petitioner, airmed on 06.10.2025. We have taken the aidavit on record.
4. In the aidavit iled by Mr. Gaurav Bakshi, he has stated that the posts were based on various news reports which appeared in daily and local newspapers and though we do not intend to get into the veracity of the statement, we must reproduce the relevant portion of the aidavit, stating thus :
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"4. I say that being an environmentalist at heart I am seriously concerned about the fast depleting forest cover in Goa which was always famed for its greenery and pristine natural beauty with verdant hills and forests.
5. I say that I have no intention of maligning or targeting any individual but I named the Hon'ble Chief Minister of Goa Dr. Pramod Sawant as according to me, he is primarily responsible to ensure that the forests in Goa are protected and saved in this capacity as head of state.
6. I say that if the sentiments of the Hon'ble Chief Minister of Goa Dr. Pramod Sawant or any other person has been hurt by my post, I ofer my apologies. Being a concerned citizen, I say that my post was meant to enlighten the citizens of Goa about what is happening to their forests and that we need to do something about it.
7. I say that I have removed the video in question."
5. The Petitioner has made a categorical statement in the affidavit filed before us, where he seek quashing of the FIR filed against him i.e. the post was based on information which was already in public domain and this formed the basis of his opinion when he expressed that the Hon'ble Chief Minister is responsible for protection of forest and the pristine natural beauty in the State and being an environmentalist, he was much concerned about the
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depleting forest cover in Goa and deemed it appropriate to bring it to the notice of the public.
However, since the Petitioner has clariied through his aidavit that he had no intention of maligning or targeting anyone but his statement was only driven by his concern for the environment and in the wake of the apologies ofered by him in paragraph 6 of the aidavit, which was only intended to enlighten the public about the fast depleting forest cover, we accept his apology. It may be true that the freedom of speech enshrined under Article 19(1)(a) of the Constitution guarantees all citizens the fundamental right of expressing themselves through various mediums and it also cannot be disputed that the right is crucial for democracy and public opinion, allowing for the free discussion of social, political and economic issues. his right allows citizens to voice their convictions, opinion and ideas through the mode which they chose i.e. by words spoken in writing, printing and with the latest invention in technology through various social media platform which is the quick mode of spreading the information. he freedom of speech and expression has always been recognized as foundation of a democratic Government, fostering upon discussion and healthy exchange of ideas but, it must be kept in mind, that this right is not absolute and is subjected to reasonable restrictions under Article 19(2) which prohibits expressions that insight violence or violate public order,
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decency and sovereignty. Freedom of speech is the air that any thinker breathes; It is the fuel that ignites the ire of an intellectual thought but the same thought may prove to be dangerous if projected in a manner, to cause public outrage.
We can very well appreciate the concern expressed by the Petitioner being an Environmentalist but blaming the Hon'ble Chief Minister of the State for the same without any foundation and merely on the basis of the material available in the social media, according to us, deinitely is not a truthful exercise of freedom of speech and expression which the Petitioner possesses. As this right do not extend for exhibiting his thoughts which would tend to mislead the public on a particular issue, but we do not intend to take it any further as the Petitioner has iled an aidavit before us expressing his apology and clarifying that the post was only intended to enlighten the citizens but he had no intention to hold anyone responsible for it. We also have before us the presence of Mr. Gaurav Bakshi and we hope and trust that he shall be more responsible in making his statement in future.
6. We are inclined to quash the proceedings initiated against him in the wake of the aidavit iled, tendering his apology that his only object in posting was to make the citizens aware about the forest cover in the State.
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By accepting the apology on record, we deem it appropriate to quash and set aside the FIR dated 02.07.2025 registered with the Crime Branch Police Station, Ribandar.
7. However, we deem it appropriate to impose a cost of Rs.50,000/- on the Petitioner which he has agreed to be paid to Goa Foundation, Goa's Environmental Action Group engaged itself in Conservation and Protection of Goa's Natural Environment.
Let the cost be paid to the Foundation within a period of two weeks from today and a receipt thereof to be iled in the Registry of this Court.
Petition is made absolute in the aforesaid terms.
ASHISH S. CHAVAN, J. BHARATI DANGRE, J.
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