Allahabad High Court Refuses To Quash FIR Against Congress Leader Over Alleged 'Modi-Adani Love Affair' Remark

The Allahabad High Court recently refused to quash an FIR filed against the Secretary of UP Youth Congress, Sachin Chaudhary over his alleged remark pertaining to the 'love affair' between the Prime Minister of India Narendra Modi and Industrialist, founder and chairman of Adani Group, Gautam Adani.

The bench of Justice Anjani Kumar Mishra and Justice Nand Prabha Shukla observed that the offence alleged in the FIR would definitely fall within the ambit of Section 153-A and Section 505(2) of IPC which are cognizable offence and hence, the FIR, cannot be quashed.

Essentially, the FIR in the matter was lodged at the instance of Bharatiya Janata Party's youth wing leader Akshit Agarwal, who alleged that Chaudhary, in a press conference organised in Sambhal, used derogatory words against the Prime Minister by stating that he had a love affair/homosexual relation with (Gautam) Adani.

As per the FIR lodged under Sections 153-A, 505(2), 504 IPC, a copy of which has been accessed by LiveLaw, the informant (Agarwal) has further stated that the Prime Minister is like a God to him as well as to the people associated with the BJP and due to the said derogatory statement of Chaudhary, the feelings of the people of his class and the members of Hindu organizations and many other religious organizations have been hurt.

Challenging the FIR, Chaudhary had moved to the HC wherein his counsel argued that the words spoken by the petitioner in a press conference cannot and should not attract Section 153-A of IPC. It was also argued that the allegations are vague and it is hard to understand as to how the alleged words would disturb communal harmony.

It was further contended that the statement is not contrary to law, and in any case, the provision which has been invoked in the impugned FIR criminalizes freedom of speech which is guaranteed under the Constitution.

Lastly, it was submitted that the FIR is mala fide and has been prompted by political reasons.

On the other hand, the AGA opposed the writ petition by stating that the statements are definitely such which are prejudicial to the maintenance of harmony between groups or communities and have the potential of disturbing communal harmony and public tranquillity.

Against this backdrop, the Court, finding the offence alleged in the impugned FIR to be falling within the ambit of Section 153-A and Section 505(2) of IPC, refused to quash the FIR.

Case title - Sachin Chaudhary vs. State Of U.P. And 2 Others 2023 LiveLaw (AB) 194 [CRIMINAL MISC. WRIT PETITION No. - 6138 of 2023]

Case Citation: 2023 LiveLaw (AB) 194

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