The writer's tweet was neither malicious nor was it made to intentionally disturb any public order, Justice Arun Kumar said in his order yesterday on a petition filed by Nasreen challenging the decision of the chief judicial magistrate (CJM) court at Bettiah in West Champaran district.
The CJM court, without conducting a mandatory inquiry under Section 202 of CrPC, took cognisance in the matter, the high court said while quashing the lower court's order.
Murad Ali, an advocate at Bettiah civil court, had filed a complaint in the CJM court against Nasreen on October 24, 2011.
The CJM court took cognisance of the matter on May 24, 2012 and later issued a non-bailable warrant (NBW) against the writer.
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The author, who is living in India in a self-imposed exile, had challenged the CJM's decision through her lawyer Amit Srivastava in the Patna high court which had stayed proceedings and execution of NBW on April 15, 2013.
Nasreen had fled Bangladesh in the early 1990s after right wing Muslim outfits issued death threats to her.