Gym owner Deepak Kumar, who called himself "Mohammad Deepak" in solidarity with a Muslim shopkeeper against a Hindutva mob in Uttarakhand's Kotdwar in January, has been directed by the state's high court not to make social media comments on cases that stemmed from that incident.
He is an accused in one of the cases, and he had approached the HC to seek quashing of that FIR. But the Uttarakhand High Court on Friday refused to do that. "The petitioners are directed to cooperate with the investigation and not to indulge unnecessarily on social media platforms so that investigation is not affected.... Being citizen of India, he has to cooperate with investigation by hoping and trust that investigation will be conducted in fair and transparent manner," Justice Rakesh Thapliyal's bench ruled, as per Bar and Bench.
The court had on Thursday too questioned how Deepak Kumar could seek protection from the police when he stood accused in a criminal case. The again criticised Kumar for his comments on social media. "Who is pressurising you? You are sensationalising the matter on social media. Police has to maintain law and order also, aap pravachan de rahe ho social media pe (you are giving sermons on social media)," the judge reportedly remarked.
Deepak Kumar's lawyer noted that it was not he who first publicised the issue. “The video did not go viral from my phone but from the accused's phone. Both sides are now active; all this happened in front of my client's gym).”
{{/usCountry}}Deepak Kumar's lawyer noted that it was not he who first publicised the issue. “The video did not go viral from my phone but from the accused's phone. Both sides are now active; all this happened in front of my client's gym).”
{{/usCountry}}Also read from when the case began | A Muslim man's shop, a mob, and a 'Mohammad Deepak', story of 3 FIRs in Uttarakhand's Kotdwar
The judge, however, underlined that Kumar's complaint in the matter is also being investigated by the police. The police said that two FIRs have been registered on Kumar's complaint.
A case has been registered against him, too, for allegedly rioting, causing hurt, and insulting with intent to provoke breach of the peace, in connection with the January 26 incident.
At the nub of the issue the incident when Deepak Kumar allegedly clashed with Bajrang Dal members who objected to a Muslim shopkeeper, Vakil Ahmed, naming his shop "Baba" in Kotdwar. When Deepak, who was in the market to meet friends, was asked by the mob who he was, he said, “My name is Mohammad Deepak,” in a moment that later went viral.
While there are multiple FIRs in the matter, Kumar wanted that the one registered against him on a complaint by right-wing activists be quashed. He made some other pleas too, such as seeking police protection.
"Certainly, the petitioner has a right to challenge the impugned FIR since he is facing investigation, but as pointed out by the State, all the offences are punishable with less than seven year sentence and therefore investigating agency is under legal obligation to follow Supreme Court guidelines... The writ petition is disposed of with a direction to the investigating agency to go on with the investigation but while conducting the investigation, the Investigating Officer shall follow the guidelines formulated by the apex court...," the HC ordered on Friday.
Deepak Kumar's counsel protested the gag order, and asked the court to have the government lawyer “quote a single message that breaches law and order or is unconstitutional”. The judge said Kumar should not “sensationalise” the matter.
"Just now, I am restraining you because you are an accused facing investigation. I am stopping you just now. Don’t give any statement on social media. It is my strict direction to you," Justice Thapliyal remarked.
The court also dismissed requests for protection and for a departmental inquiry against police officers who were allegedly acting in a biased manner.
Advocate Navnish Negi, representing Deepak Kumar, had on Thursday argued that he had only been trying to de-escalate a tense situation on January 26. However, the court took note of the state's submission that there was no threat perception against Kumar.
During the hearing, the court had said such petitions were a way to “pressure the investigating agency”.
The court even enquired about the funds the petitioner allegedly received from his supporters following the incident.
According to Deepak, he received approximately ₹80,000 in donations after the incident.
The matter had taken on political colour with CM Pushkar Dhami of the BJP taunting Deepak Kumar, who was called for a meeting by Opposition leaders, including Congress's Rahul Gandhi. He has denied any political affiliations and insisted that he only acted on January 26 as he believes in India's secular identity.