Allahabad HC quashes FIR filed against person for criticising law & order situation in UP

In a key order on Wednesday, the Allahabad High Court quashed the FIR registered against a person who criticised the law and order situation in Uttar Pradesh. A division bench of the HC comprising Justice Pankaj Naqvi and Justice Vivek Agarwal was hearing a petition filed by UP resident Yashwant Singh against whom the FIR was filed on August 2, 2020. He was charged under Section 500 of the Indian Penal Code and 66D of the Information Technology (Amendment) Act, 2008. In the FIR registered at the Bhognipur police station, the police alleged that Singh wrote on Twitter that UP CM Yogi Adityanath had turned the state into a 'Jungle Raj'.

His Twitter handle also referred to incidents of abduction and murders. During the hearing of the case, advocate Dharmendra Singh appeared for the petitioner and argued that the right to comment on the affairs of the state was guaranteed under Article 19 of the Constitution. Maintaining mere dissent doesn't amount to criminality, the counsel contended that the FIR was lodged with an intention to stop Singh from expressing dissent against the Adityanath-led government in Uttar Pradesh. 

Read: GST Collection Should Be Highest In Uttar Pradesh: CM Yogi Adityanath

Read: Namaz At Mathura Temple: Allahabad HC Grants Bail To Accused

The HC verdict

Pointing out that Section 66D deals with 'punishment for cheating by personation by using computer resource', the HC stated that it cannot be attracted to the current case. In fact, the division bench highlighted that even the prosecution had not accused Yashwant Singh of tweeting using some other person's handle or cheating. Moreover, it maintained that no offence under Section 500 is made out. Agreeing with the petitioner's counsel, the HC made it clear that expressing dissent on the law and order situation is a "hallmark" of a constitutional liberal democracy like India.

Read: Priyanka Gandhi Writes To CM Yogi; Raises Concern Over Condition Of Cows In Uttar Pradesh

The order of the Allahabad HC read, "It is not the case of prosecution that while committing the overt act, the petitioner either tweeted using other's Twitter handle or was there any allegation of cheating. No offence under Section 66-D I.T. Act is made out. In so far, Section 500 IPC is concerned, same is also not made out, as the alleged tweet cannot be said to fall within the mischief of defamation. Expressing dissent on law and order situation in the State, is a hallmark of a constitutional liberal democracy like ours, constitutionally protected under Article 19 of the Constitution." 

Read: Keep An Eye On Activities Of Middlemen During Paddy Procurement: Yogi Adityanath To Officials