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Rajasthan HC Stays FIR Against BJP Chief J P Nadda Registered On The Basis Of Amit Malviya's Tweet Against Congress Leaders

LIVELAW NEWS NETWORK
5 May 2020 3:19 PM GMT
Rajasthan HC Stays FIR Against BJP Chief J P Nadda Registered On The Basis Of Amit Malviyas Tweet Against Congress Leaders
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The Rajasthan High Court has stayed the proceedings in furtherance of a FIR against the National President of the BJP, Jagat Prakash Nadda, registered in connection to the remarks made by a party member against Congress leader Rahul Gandhi.The subject matter of the case is a tweet allegedly made by Amit Malviya, in-charge of BJP's national Information & Technology, whereby he...

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The Rajasthan High Court has stayed the proceedings in furtherance of a FIR  against the National President of the BJP, Jagat Prakash Nadda, registered in connection to the remarks made by a party member against Congress leader Rahul Gandhi.

The subject matter of the case is a tweet allegedly made by Amit Malviya, in-charge of BJP's national Information & Technology, whereby he had passed comments against the Congress leader in Twitter. The tweet was a response to a comment made by Sonia Gandhi that the prompt caution given by Rahul led to timely arrangement of health infrastructure in the Bhilwara city of Rajasthan, to battle the deadly COVID-19 pandemic.

"Sonia Gandhi claims Bhilwara tested 22 lakh people due to Rahul's warning! Wherever there is Rahul, can exaggeration and maths blunder be behind?", this was alleged to be the tweet by Malviya.

In the aftermath of the tweet, the local police in the Hanumangarh Town had registered a FIR against Malviya and the party president JP Nadda.

The same came to be challenged before the bench of Justice Dr. Pushpendra Singh Bhati who has imposed a stay on the FIR and consequent proceedings, qua Nadda.

"Effect and operation of the FIR No.216/2020 registered with Police Station Hanumangarh Town, Hanumangarh alongwith entire proceedings pursuant thereto qua the present petitioner shall remain stayed," the bench ordered.

The order was passed after Nadda's counsel argued that he was merely in control of Malviya's office and such, had no connection with his personal views so depicted in the tweet. It was contended that the impugned tweet was posted from Malviya's personal account and Nadda had no role in the same, whatsoever.

"The sole averment in the FIR is regarding tweet made by Shri Amit Malviya whereas the present petitioner has no role and simply he has been alleged to be controlling the office of Shri Amit Malviya.

Learned Senior Counsel further submits that the tweet has been made from the private account of Amit Malviya and not from the official handle of the organization being headed by the present petitioner," the court recorded.

In view of this submission, the Court held that it was 'prima facie' satisfied with the Petitioner's case.

"This Court prima-facie finds that the tweet has been made by Shri Amit Malviya and the present petitioner has no role in tweeting the information in question. The tweet is apparently from the private tweeting handle of Shri Amit Malviya, and therefore, no role at this stage seems to be made out against the present petitioner," it observed while passing the stay order.

 The bench has now issued notices to the concerned authorities, returnable in six weeks.

Case Details:

Case Title: Jagat Prakash Nadda v. State of Rajasthan

Case No.: SB Crl Misc (Pet.) No. 1231/2020

Quorum: Justice Dr. Pushpendra Singh Bhati

Appearance: Sr. Advocate RD Rastogi assisted by Advocates Anand Sharma and Sarthak Rastogi (for Petitioner); Advocate Abhishek Purohit for GA cum AAG Farzand Ali (for Respondent)

Click Here To Download Order

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