E-Paper
HC grants relief to man accused of name-calling CM
While observing that “the matter requires consideration”, the court stayed the arrest of the petitioner but made it clear that it has not stayed the investigation, hence it would go on.
The Allahabad high court has stayed the arrest of one Neeraj Kishor Mishra, who, while taking part in a protest against Hathras gang rape case, said that "the chief minister of UP is a man of thick skin".
Hearing a writ petition filed by Mishra of Kasganj district, a division bench comprising justice Anjani Kumar Mishra and justice Shekhar Kumar Yadav directed the state government to file its reply (counter affidavit) within four weeks and directed to list this case after six weeks.
The allegation made in the first information report (FIR) was that the incident took place on October 1, 2020, at about 6pm, in Hathras district. It is alleged that the Balmiki Samaj created a disturbance by giving speeches saying that the police are inactive. It is further alleged that the petitioner has said that the chief minister is a "man of thick skin". The FIR further disclosed that the petitioner had a criminal history and his arms licence had already been cancelled.
The FIR was lodged against the petitioner on December 11, 2020, under sections 153-B (imputations, assertions prejudicial to national integration), 505 (statements creating or promoting enmity, hatred or ill-will between classes) of the Indian Penal Code at Patiyali police station of Kasganj district.
During the court proceedings, the counsel for the petitioner submitted that in a democratic country, agitation against a ruling party is the constitutional right of leaders of the opposition and, therefore, agitation of the petitioner, on the issue of rape of a girl of Balmiki Samaj cannot be termed as hatred or ill-will between followers of different religions. Hence, no offence under Section 153B and Section 505 IPC is made out.
While observing that “the matter requires consideration”, the court stayed the arrest of the petitioner but made it clear that it has not stayed the investigation, hence it would go on.
