Allahabad HC Grants Interim Protection From Arrest To Bhim Army Leader Accused Of Calling CM Yogi 'Moorkmantri'

A bench of Justice Rajeev Misra and Justice Padam Narain Mishra granted relief to the accused, Sudhir Aryan, booked under 353 (2) BNS [Statements conducing to public mischief] while issuing notice to the State as well as the first informant seeking their responses.

According to the FIR, the petitioner-accused, who serves as the Divisional Vice President of the Bhim Army Bharat Ekta Mission (Bareilly Division), has been accused of posting on X (formerly Twitter): "Manniy Yogi Adityanath ji Mukhyamantri hain ya Moorkhmantri hai" while referring to the CM's statement advising the public to buy diesel and petrol only if required.

Seeking quashing of the FIR, the accused moved the HC, wherein his counsel argued that even if the allegations in the FIR are accepted at face value, it is apparent that the petitioner had not assassinated the character of the Chief Minister.

It was further submitted that the accused used only a word that describes the mental state of the Chief Minister and that he had only exercised his right of expression.

On the above premise, his counsel submitted that no offence under Section 505 IPC/353(2) BNS can be said to be made out against the accused.

On the other hand, the AGA for State-respondents opposed the writ petition, saying a cognizable offence was clearly disclosed; however, he could not dislodge the factual and legal submissions made by the counsel for the accused.

Therefore, considering the facts and circumstances of the case and also the submissions of the counsel for the Accused, the bench, as an interim measure, directed that until further orders, the accused shall not be arrested in the Case.

The matter has now been listed for admission before the appropriate Bench on August 12, allowing the respondents 6 weeks to file their respective counter-affidavits.