The Rajasthan High Court has granted protection from arrest to an Advocate's clerk, who forwarded a WhatsApp message stating that "in Udaipur religious war has started, bravo finish the pigs".
The petitioner has sought for quashing of FIR registered on information of respondent-Nadim Kadir for offences punishable under Sections 295A and 153A of the IPC. He further sought protection of his life and liberty.
The counsel for the petitioner submitted that the aforesaid message was a "forwarded" message and by mistake, it was sent to the group of "advocate's clerk". He added that the petitioner deleted the message, pleaded sorry and asked for pardon. He further submitted that nothing happened due to the aforesaid WhatsApp message and hence, the offences alleged are not made out.
The court directed the state to ensure protection to the life and liberty of the petitioner and his family which, as per the court, cannot be at stake otherwise than due procedure established by law.
Justice Birendra Kumar, observed,
"In the meantime, petitioner shall not be arrested in the aforesaid FIR till further order with condition that petitioner shall fully cooperate with the investigation of the case."
Further, the court also issued notice to the respondent-Nadim Kadir and ordered that the requisites be filed within ten days.
Advocates Deepak Chauhan and Bhuwnesh Kumar Sharma appeared for the petitioner while PP Chandragupt Chopra appeared for the respondents.
Case Title: Vikram Singh v. State Of Rajasthan, Through Principal Secretary & Ors.