Allahabad HC Stays Arrest Of News24 Journalist Accused Of Promoting Enmity, Defaming Municipal Corp Over X Post

The Allahabad High Court on Tuesday granted interim protection from arrest to News24 Reporter Shahnawaz in connection with an FIR registered against him in Moradabad for reposting a video on X (formerly Twitter) allegedly defaming the Municipal Corporation.

A bench of Justice Vikram D Chauhan and Justice Lakshmi Kant Shukla directed that no coercive action be taken against the journalist until the next date of listing, provided he cooperates with the investigation.

The bench also gave 2 weeks' time to the Additional Government Advocate to obtain instructions in the matter. 

Briefly put, the FIR in question, under Section 352(2) BNS [Intentional insult with intent to provoke breach of peace], was lodged in connection with a viral CCTV video clip posted on the Journalist's X Account. The complainant (Aman) is an outsourced sanitation worker of the Municipal Corporation.

According to the complainant, the video shows another contractual worker of the Municipal Corporation, Ajay, deliberately emptying a dustbin and scattering garbage in front of a local shop (owned by Talha) early in the morning.

Following the incident, the complainant alleges that Shahnawaz shared a post on his X handle, attaching the video, containing "misleading facts" intended to tarnish the Municipal Corporation's reputation and disrupt social peace by creating animosity in society.

Interestingly, the FIR also named two other X users as accused who commented on the post, accusing them of attempting to communalize the incident. The FIR also quoted replies from other users, such as: "मुस्लिम को फसाना, साजिश करना, जेल भेजना, आदि कितना आसान हो गया है?"

Seeking relief, Advocates Adarsh Srivastava and Reena Pal argued that the petitioner had merely reposted/shared the video, which was already available in the public domain on his X handle, and that he was not the originator of the impugned content.

Considering this submission, the bench passed the following order:

"Till the next date of listing, no coercive action shall be taken against the petitioner Shahnawaz pursuant to the aforesaid First Information Report, provided he cooperates with the investigation...The petitioner shall appear before the Investigating Officer as and when required and shall extend full cooperation in the investigation."