Can raising anti-BJP slogan get you arrested? The answer is obviously NO. But it didn't go well with Lois Sofia as she was arrested at Tuticorin airport, Tamil Nadu. Lois Sofia, a 23-year-old Indian research scholar in Canada was held for shouting 'Fascist' BJP government in the presence of Tamil Nadu BJP president Tamilisai Soundararajan. Several News channels like NDTV, TOI, News 18 reported the incident as the woman was arrested for shouting anti-BJP slogans.

It soon became a political issue as several leaders including MK Stalin, Manish Tewari and a few journalists started questioning and condemning the incident.

Since when did shouting against a government become a ‘crime’? Can someone please send a copy of the constitution to TN cops and the TN BJP chief please? https://t.co/HX5MWCkdS6

— Rajdeep Sardesai (@sardesairajdeep) September 4, 2018

After that, a local court has remanded Sofia for 15 days, but later she was granted bail after being kept in the police station for inquiry for hours and later admitted to a hospital on account of her ill health. 

Meanwhile, speaking to The Indian Express, Tamilisai said “the young and seemingly innocent girl” raised the slogan against the BJP government. “I was on Seat No. 3 and she was on Seat No. 8. When I was coming out after the flight landed, she saw me and suddenly shouted ‘down with fascist BJP government’. When I turned to her, she repeated it. Seeing a very young girl sitting with her parents, I thought I will ignore it. But she repeated it, again and again, when I was coming out of the aircraft. She was also passing some comments at me,” Tamilisai said.

Tamilisai said a person using the word ‘fascist’ cannot be an “innocent” person. “No innocent girl will use that word. I questioned her. She replied that she has the right to freedom of expression. She shouted that slogan and used the word ‘fascist’, raising her fist and all. 

Soundarajan suspected some extremist group behind this incident.

Incidentally, it was a preplanned act as she had tweeted it before shouting the slogan.

I am on a flight with Tamilisai Soundarajan and really want to shout “????-BJP-RSS ??? ????? ????? ????”. Will I be kicked off the flight?

— Lois (@Red_Pastures) September 3, 2018

 

Note: Her account is protected. So you can't see her tweets.

Later on, Sophie’s Dad admits that she shouted inside the plane. He claims that since she is a ‘science’ student & not an advocate she is not aware of airline rules. When anchor tells that it was a preplanned act pointing to her tweet, he denies such a tweet exists.

As per Prasanna Viswanathan (CEO of Swaraj Magazine) when Anchor asks Sophie’s dad why he invoked caste in his complaint when the issue has no caste dimension. Dad replies ”BJP/Tamilisai attempting an outreach to Devendra Kula Vellalar community. So I added our caste to expose them”. You can watch the video here

FACT CHECK :

Claim1: Student was arrested for Saying 'Fascist BJP Govt Down, Down'.

Fact: She was not arrested for saying such a thing. Sofia has been charged for causing public nuisance under section 290 of the IPC and for causing a breach of public peace under section 75(1)(C) of the Tamil Nadu City Police Act, 1888.

Claim 2: Sofia arrest was an attack on her freedom of speech.

Fact: Though Article 19(1)(a) of the Constitution provides freedom of expression but under Indian law, the freedom of speech and of the press do not confer an absolute right to express one's thoughts freely. Clause (2) of Article 19 of the Indian constitution enables the legislature to impose certain restrictions on free speech under following heads:

I. security of the State,

II. friendly relations with foreign States,

III. public order,

IV. decency and morality,

V. contempt of court,

VI. defamation,

VII. incitement to an offence, and

VIII. sovereignty and integrity of India.

Even though Sofia has freedom of speech, her speech can be restricted under the morality section of Clause (2) of Article 19.

CONCLUSION: The news of arrest as claimed by most of the channels was due to Lois Sofia's anti-BJP slogan is Incorrect. Sofia was arrested for causing public nuisance under section 290 of the IPC and for causing a breach of public peace under section 75(1)(C) of the Tamil Nadu City Police Act, 1888.