Allahabad HC Stays Criminal Proceedings Against Fashion Model Booked Over 'Controversial' Poster With Shiva Linga

Last week, the Allahabad High Court stayed criminal proceedings against Varanasi-based fashion model Mamta Rai in a 2022 case alleging that she promoted enmity between different groups on the grounds of religion and race and committed intentional insult by posting a picture showing her offering flowers on a Shivalinga with the caption “मैं काशी हूं (I am Kashi)”. The alleged image, displayed across the city on posters/banners, depicted a Shiva Linga along with the image of Rai where she is welcoming people to the city of 'Baba Vishwanath' on the grand festival of Sawan. The alleged posters had sparked controversy, leading to the lodging of the FIR by the Akhil Bhartiya Kshatriya Mahasabha leader Vikrant Singh. The Police submitted a chargesheet against Rai under Sections 504, 506, and 153A of the IPC, and the Fast Track Court (J.D.)-I, Varanasi, took cognizance of the chargesheet in 2023. Challenging the chargesheet and the entire criminal proceedings, Rai moved the HC wherein her counsel, Advocate Mohak Agarwal, argued that the essential ingredients as enunciated under Section 153A, 504 and 506 I.P.C. are not attracted in the facts and circumstances of the case. It was also contended that opposite party no.2 (Singh) is an active member of the Bharatiya Janta Party, and hence, by using his influence within the ruling party, he succeeded in lodging the impugned FIR against the applicant on false and frivolous allegations. Furthermore, it was also submitted before the HC that Articles 19 and 21 of the Constitution of India grant the applicant a right to speech and expression, and therefore, it was stressed that the allegation that only by watching the posters of the applicant, the religious feelings of the opposite party no.2 hurt, is not tenable. Noting that the matter requires consideration, a bench of Justice Dinesh Pathak issued a notice to the opposite party no.2, fixing February 28, 2025, as the next date of hearing. Till the next date of listing, the Court stayed further proceeding against Rai.

Allahabad HC Stays Criminal Proceedings Against Fashion Model Booked Over 'Controversial' Poster With Shiva Linga

Sparsh Upadhyay

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