Allahabad High Court Stays Arrest Of Man Booked For FB Post Saying 'Govt-Recognized Terrorists In Saffron' Creating Chaos

A bench of Justice Ajay Bhanot and Justice Divesh Chandra Samant granted interim protection to the petitioner (Mushahid Gada) after he claimed his social media account had been hacked.

Briefly put, the FIR was registered in July last year under Section 353(2) BNS [Statements Conducing to Public Mischief] against the petitioner on the allegations that he had made a highly inflammatory post.

The FIR alleged that the petitioner had made posts such as "...can call terrorists innocent too. Government-recognised terrorists in saffron colour have created chaos everywhere. Allahu Akbar has done blind devotion to this". [...आतंकवादियो को भोले भी कह सकते है। भगवा रंग मे सरकार द्वारा मान्यता प्राप्त आतंकियो ने चारो तरफ हाहाकार मचा रखा है। अल्हाहु अकबर इसकी तो कर दी अंधभक्ती...].

The FIR noted that the post carried a strong probability of triggering a clash between two communities in Manohar Pur village.

Seeking relief in the case, the petitioner's counsel argued that the petitioner did not upload the offending content and that his social media account was hacked. He further submitted to the Court that the petitioner was completely willing to cooperate with the police investigation.

Opposing the plea, the Additional Government Advocate (AGA) submitted that the FIR arises out of a hateful social media post which is intended to stir up the communal sentiments and caused disturbance in India.

Noting that the matter requires consideration, the High Court issued a notice to the private respondent and directed the State to file a counter-affidavit within four weeks.

The Court ordered that the arrest of the petitioner shall remain stayed until the next date of listing or till the filing of the police report under Section 173 CrPC/193 BNSS, whichever is earlier.

The bench, however, directed the petitioner to fully cooperate with the investigation and appear before the police authorities to give his statement.

The Court warned that if he fails to appear on the date fixed by the police, the interim protection order will stand vacated and it shall then be open to the police authorities to take coercive measures as per law against the petitioner.

Case Title - Mushahid Gada Versus State Of U.P. And 3 Others