Women entering Sabarimala: SC stays 'gag order' against activist Rehana Fathima

The Supreme Court on Tuesday stayed the Kerala High Court order restraining activist Rehana Fathima from posting her views in all kinds of media. The court, however, said 2018 bail condition not to hurt religious sentiments through her posts would continue against her.

A bench presided over by Justice R F Nariman suspended operations of the November 23, 2020 order of the High Court, which came down heavily on her for uploading a video of a cookery show on social media where she had allegedly hurt religious sentiments.

After hearing senior advocate Colin Gonsalves for Fathima, the bench, also comprising Justices Hemant Gupta and B R Gavai, said, "it is a complete gag order."

Gonsalves asked the court to set aside the bail condition. The High Court order stated till the trial was over, she would be restrained from sharing or transmitting any material or her comments through visual and electronic media, open to public.

However, the top court said that another bail condition previously imposed in November 2018, which restrained from her sharing or disseminating any comment hurting religious feelings or sentiments, should continue.

The High Court had observed that use of term having religious sentiments during a cookery show was prima facie likely to hurt Hindu’s religious feelings, who worshipped cow as a deity.

Justice Sunil Thomas said that by using the contentious term during the show she had violated the bail condition imposed by the High Court in 2018 in another case connected with the publication of derogatory materials about Lord Ayyappa of Sabarimala.