"Necessity of Involvement of Two Groups or Communities to Attract Provisions of Sections 504 and 505(2) of IPC"

In this case, the comment is a general comment though it may not be in good taste but does not appear to have been passed to provoke to break the public peace or to promote feeling of enmity, hatred or ill-will between different groups or castes or communities by creating/promoting alarming news against the prohibitory order passed by the Commissioner of Police, Hyderabad. The petitioner has, in fact, relied upon various judgments particularly the judgment of the Hon'ble Supreme Court in the case of Bilal Ahmed Kaloo v. State of Andhra Pradesh, wherein these two provisions have been considered and it was observed as under: “The common feature in both sections being promotion of feeling of enmity, hatred or ill-will “between different” religious or racial or language or regional groups or castes and communities it is necessary that at least two such groups or communities should be involved. Merely inciting the feeling of one community or group without any reference to any other community or group cannot attract either of the two sections.” Therefore, this Court finds that in this case, there are no two groups as required to attract the said provisions and there appears to be no intention to create or promote feeling of enmity, hatred or ill-will between different groups or of disturbing the public peace.