SC Stays FIR Against Dehradun Gym Owner in Bajrang Dal Confrontation Case
Supreme Court stays FIR proceedings against Dehradun gym owner Deepak Kumar over a Republic Day confrontation involving Bajrang Dal members and a Muslim shopkeeper.
The Supreme Court on Saturday stayed the proceedings arising from a First Information Report (FIR) registered against Dehradun gym owner 'Mohammed' Deepak Kumar in connection with a confrontation involving Bajrang Dal members and a Muslim shopkeeper. The interim order was passed by a bench of Justice Vikram Nath and Justice Sandeep Mehta.
The court also stayed the operation of a Uttarakhand High Court order that had restricted Deepak from making social media posts about the incident and the case. The bench issued notice to the respondents while hearing Deepak's petition challenging the High Court's refusal to quash the FIR.
Senior Advocate Abhishek Manu Singhvi, representing Deepak, argued that his client had intervened after Bajrang Dal members objected to a Muslim shopkeeper using the word "Baba" in the shop's name. When confronted by the group asking his name, Deepak replied, "Mohammed Deepak." A video of the incident, which occurred on Republic Day, had gone viral.
Singhvi submitted that Deepak had gone to assist the shopkeeper and had himself lodged complaints regarding the incident, but no action was taken on them. Instead, an FIR was registered against him. "How can a good samaritan be subjected to this kind of a complaint?" Singhvi asked the court.
Referring to videographic evidence, the senior advocate questioned the High Court's reasoning. He noted that the rioting charge under Section 191 of the Bharatiya Nyaya Sanhita (BNS) had been invoked despite no essential ingredients being made out, though it was ultimately dropped. Singhvi also argued that the offences invoked were punishable with imprisonment of less than seven years, making the Supreme Court's guidelines in the Arnesh Kumar case applicable.
Singhvi further raised concerns about the High Court's direction restricting the petitioner from posting messages or videos about the incident on social media, calling it a "blanket gag order" imposed instead of granting relief.
The Supreme Court, while issuing notice returnable in four weeks, ordered that proceedings pursuant to the impugned FIR shall remain stayed in the meantime. It also stayed the effect and operation of the High Court order, including the restriction concerning social media posts.