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Delhi Court Stays Order Directing Registration Of FIR Against Sambit Patra For Allegedly Publishing Doctored Video Of CM Arvind Kejriwal

Nupur Thapliyal
15 Dec 2021 11:17 AM GMT
Delhi Court Stays Order Directing Registration Of FIR Against Sambit Patra For Allegedly Publishing Doctored Video Of CM Arvind Kejriwal
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A Delhi Court on Wednesday stayed the operation of an order which had directed the Delhi Police to register a FIR on a complaint filed against BJP Spokesperson Sambit Patra for allegedly publishing a fabricated video of Chief Minister Arvind Kejriwal on social media.Additional Sessions Judge Sanjay Sharma of Tis Hazari Court issued notice on the revision petition filed by Sambit Patra...

A Delhi Court on Wednesday stayed the operation of an order which had directed the Delhi Police to register a FIR on a complaint filed against BJP Spokesperson Sambit Patra for allegedly publishing a fabricated video of Chief Minister Arvind Kejriwal on social media.

Additional Sessions Judge Sanjay Sharma of Tis Hazari Court issued notice on the revision petition filed by Sambit Patra assailing the order of Metropolitan Magistrate Rishabh Kapoor.

"Because the Ld . Court below has failed to take into consideration the real meaning of manipulated media and equated the same with forgery. If any tweet is branded as manipulated media, it has one and simple meaning that the media is not authenticated one and it is for the persons who read it to rely upon it with caution. When it was already termed manipulate media, then there is no question arises of cheating or forgery as alleged by Respondent No. 2," the plea states.

While issuing notice on the revision petition, the Court posted the matter for further hearing on January 10, 2022.

"Issue notice of the petition to the respondent No. 2, on PF, through registered post, approved courier, e-mail and WhatsApp, for 10.01.2022. In the meanwhile, the operation of the impugned order dated 23.11.2021 is stayed," the Court ordered.

A complaint case was filed by Atishi, belonging to the Aam Aadmi Party alleging that the video was published on Patra's twitter handle with an intent to cause provocation against the Chief Minister amongst the Farmers who repose strong faith in him.

It was the complainant's case that on 30.01.2021, Patra had released and published an allegedly forged and fabricated video on Twitter purporting to show that Kejriwal was speaking in support of the Farm Laws.

In the impugned order, the Court had said:

"The above discussed facts clearly reveal that the impugned video was manipulated/doctored in such a way to give it a color as if Mr. Kejriwal was endorsing his support in favour of the farm laws. The fact that the impugned video was published on the twitter handle of proposed accused with the caption "teeno farm bills ke laabh ginate hue... Sir jee", prima facie proves that same was circulated on twitter with no intention but to cause the protesting farmers to believe that Mr. Kejriwal is supporting the farm laws, which may have perpetuated the state of outrage with the protesting farmers and may have resulted in rioting like situation across the nation."

The Court was also of the view that the ATR filed by the police clearly revealed that the impugned video clip was within the category of manipulated media marked by the Twitter.

Case Title: Sambit Patra v. State & Anr. 

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