Prima Facie No Offence U/S 153-A IPC: Allahabad HC Grants Relief To 'The Wire' MD S. Varadarajan In Mosque Demolition Report Case

The FIR, which also implicated a cameraman and an anchor associated with the platform, alleges that 'The Wire' had spread animosity in society and thereby disturbed communal harmony by publishing a video documentary on the demolition of the Ramsanehi Mosque in Barabanki.

The accused were booked in June 2021 under various sections of the IPC, including Sections 153, 153A, 120-B, and 501(1)(b). All of them moved the HC in 2023, challenging the FIR and the summoning order.

Hearing their case on March 10, a bench of Justice Pankaj Bhatia observed that, on a prima facie reading of the FIR, it does not attract prosecution under Section 153-A IPC. The bench further noted that there was no sanction and no material available regarding the personal complicity or prosecution for the offence.

The Court also found fault with the summoning order as it noted that the same did not disclose any application of mind based upon the analysis of the charge-sheet.

Importantly, the Court took strong exception to the fact that, despite the issuance of the notices on July 11, 2023, directing the State Govt and the opposite party to file their counter affidavits, no such reply was filed for more than two and a half years.

Consequently, the High Court stayed all further proceedings arising out of the FIR until the next date of listing. The relief also covers the Cameraman and the anchor, who produced the show, which was published on 'The Wire'.

The Court also granted the State a last chance to file a reply in 3 weeks. Posting the matter for March 31, 2026, the bench clarified that if the counter affidavit is not filed by the next date, the matter shall be decided without it.

Advocates Veena Vijayan Rajes, Areeb Uddin Ahmed, Avinash Singh Vishen, Harsh Vardhan Kediya, Ishan Baghel, Sheeran Mohiuddin Alavi and Waseeq Uddin Ahmed appeared for the applicants.