Pahalgam Post Case | 'Endangering Unity Of India' Offence Dropped But Charges U/S 352 & 302 BNS Retained Against 'Dr Medusa', Allahabad High Court Told

The Uttar Pradesh Government last week informed the Allahabad High Court that the investigation into an FIR arising out of an alleged social-media post over Pahalgam Terror Attack by an assistant professor of Lucknow University, Dr Madri Kakoti (aka Dr Medusa) has concluded and a charge-sheet will be filed shortly. Counsel for the State told the Court that several sections earlier included in the FIR, including Section 152 BNS [Acts endangering sovereignty unity and integrity of India], have been dropped and the charge-sheet now carries only Sections 352 [Intentional insult with intent to provoke breach of peace] and 302 [Uttering words, etc., with deliberate intent to wound religious feelings of any person] of BNS. In view of these submissions, the anticipatory-bail petition of Dr. Kakoti was disposed of in terms of the order passed in June this year granting interim anticipatorybail to her. As per the FIR lodged against her, a copy of which has been accessed by LiveLaw, Kakoti was accused of continuously attacking the integrity and sovereignty of India by posting on Twitter. The FIR also claimed that her posts are a threat to peace and law and order in India and that she plans to cause riots in the country. Furthermore, it was also alleged that her posts, which use hateful and objectionable words like saffron-terrorist, are also being shared on Pakistani media channels. On October 6, the Counsel for the state government specifically told the Court that though the FIR initially listed offences under Sections 197(1), 353(2), 196(1)(a), 352, 302, 152 of BNS and Section 69-A of the IT Act, during the course of investigation no offence was made out under 197(1), 353(2), 196(1)(a), 152 BNS and Section 69-A IT Act, and those sections have therefore been dropped from the charge-sheet. It was also submitted that a formal charge-sheet has been forwarded to the Assistant Commissioner of Police and the same will be sent to the trial court. In the light of the charge-sheet having been filed, the anticipatory bail application was disposed of and a bench of Justice Rajeev Singh also recorded a direction or expectation that the police report would be forwarded to the competent court within 10 days.Advocates Syed Mohammad Haider Rizv, Shakti, Kumar Verma and Yashab Husain Rizvi appeared for KakotiAGA Rao Narendra Singh and Shiv Kumar Vishwakarma appeared for respondents

Pahalgam Post Case | 'Endangering Unity Of India' Offence Dropped But Charges U/S 352 & 302 BNS Retained Against 'Dr Medusa', Allahabad High Court Told

Sparsh Upadhyay

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