The Allahabad High Court recently comprising of a bench of Justice Pankaj Naqvi and Justice Naveen Srivastava issued notice to the State Of Uttar Pradesh on the plea of a man who has been booked under various sections of IPC for allegedly promoting enmity between groups on grounds of religion for his speech in which he criticized the Government's way of handling COVID dead bodies. (Syed Nazim Ali v. State Of U.P. And 2 Others)
The Bench directed that no coercive measure shall be taken against the petitioner if he cooperates in the pending investigation.
Facts of the case
Syed Nazim Ali, who was earlier State president of Owaisi Youth Brigade, made a video in which he allegedly criticized and questioned the way of handling of the COVID affected dead bodies by the Government and also raised questions on the ruling party.
The Aligarh police registered a case against him under Sections 153-A (Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony), 295 (Injuring or defiling place of worship with intent to insult the religion of any class), 505(2) [Statements creating or promoting enmity, hatred or ill-will between classes] IPC and 66-D IT Act [Punishment for cheating by personation by using computer resource].
As per Ali, his video was edited and posted on Twitter by the BJP IT cell to show as if he trying to promote enmity between different groups, and therefore, he moved a Criminal Writ petition before Allahabad Higj Court.
Contention of the Parties
Appearing for him, Counsel Arif Ikbal submitted that the allegations made in the FIR only amounted to discriminatory handling of the COVID situation on the basis of religion.
It was also argued that the statement that no decent burial to the floating bodies in the Ganges was accorded, would at the best amount to criticism of the handling of the COVID situation by the government of the day, as criticism is an essential feature of democracy.
Court's observation and judgment
The Court, issuing notice to the Uttar Pradesh Pradesh Government, listed the matter for hearing on November 29 and thus ordered: "Till the next date of listing, no coercive measure shall be taken against the petitioner in above case, provided he cooperates in the pending investigation."
Read Judgment ;
SOURCE ;/www.latestlaws.com
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