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CHENNAI: Forty-six employees of BSNL , who were slapped with criminal cases for posting an emoji - of crying with laughter - in reply to a woman colleague's 'serious message' on an official WhatsApp group can now finally smile. The Madras high court on Friday quashed the FIR against them, noting that an emoji was sent to express one's feeling about something, and cannot be treated as an overt act against others.

"Everyone has a right to express their feelings and share their ideas. Every person has got the indefeasible right to express what they feel," said Justice S S Sundar, allowing the plea moved by Linga Bhaskar and 45 others.

Vijayalakshmi, a divisional engineer of BSNL in Tuticorin, had posted a video clip of three customers airing their views about the company's network coverage, on a WhatsApp group for BSNL employees. Some other members of the group took it as an attempt to mock the company, and countered it by posting "annoying" emojis one after another, said Vijayalakshmi who felt offended and humiliated.

She filed a complaint under the Tamil Nadu Prohibition of Harassment of Women Act, the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, and Information Technology Act.

Based on the complaint, the Tuticorin south inspector filed an FIR against the 46 employees of BSNL who had posted the emoji. The employees later approached the court.

'Everyone has got the right to express what he feels'

When the plea came up for hearing, Justice Sundar said, "The face of a crying smiley is to comment about the idea of the complainant in publishing or uploading a video of complaints made by BSNL customers regarding deficiencies in BSNL coverage. Every person has got the indefeasible right to express what he feels. The petitioners who are executives and staff of BSNL along with the complainant ought not to have indulged in posting such emoji in the interest of BSNL since (such a) WhatsApp group is formed to promote team spirit.

"Such complaints by the respondent who is working as a divisional engineer (Rural) will pave way for other complications and friction among members which will be detriment to the interest of BSNL. This court wanted the petitioners to express their regret as the complainant in her individual perception felt offended by the posting of such crying smiley."

Accordingly, the petitioners filed an affidavit recording their regret for their action. Recording it, the judge said the matter should rest and that it would not be in the interest of justice to permit such complaints to stay. When the complaint does not disclose any offence, the petitioners will be put to serious prejudice and hardship in case they are forced to face trial. Hence, this court is inclined to quash the FIR, he added.

