Prayagraj, Sep 29 The Allahabad High Court has stayed the arrest of a student-member of the Cockroach Janta Party (CJP) who moved the court against an FIR filed against him after he allegedly recorded and circulated on social media a video showing the condition of a government primary school in Farrukhabad district.
Hearing the writ petition filed by CJP member Gaurav Bharti alias Gaurav Kumar, a division bench comprising Justice Salil Kumar Rai and Justice Padam Narain Mishra, in the order dated September 22, directed the state government to file a counter affidavit within eight weeks.
The petitioner moved the court challenging the FIR lodged on August 19 under Sections 352 (intentional insult with intent to provoke breach of peace) and 353 (aims to prevent the spread of false or provocative statements that could lead to public disorder, unrest or communal tensions) of the BNS and Section 66 of the IT Act, 2000 at Nawabganj police station in Fatehgarh district.
The petitioner also sought protection from arrest and consequential criminal proceedings arguing that the FIR, even if its allegations are accepted at face value, does not disclose the essential ingredients of the offences invoked.
According to the petition, the controversy began on August 16, when the petitioner allegedly entered the premises of a government primary school situated at Karanpur Majra Basmal in Farrukhabad and recorded a video concerning the condition of the school.
The petition states that the school was closed that day and the video showed a disused and dilapidated building with a cross mark allegedly shown on a structure depicted as in use.
The petitioner also pointed out in the video that water had accumulated in the school, leaving children with no place to sit and resulting in holidays being given to them.
The petitioner's case was that the video was made and published in good faith to highlight the condition of a public educational institution and matters concerning the welfare and facilities of children. However, it added, that an FIR was lodged against him.
The allegation against the petitioner is that he had illegally prepared a video of the institution and had misrepresented the condition of the institution.
The petition also states that the petitioner has a substantial social media presence with approximately 2.5 lakh Instagram followers and 1.5 lakh Facebook followers.
The FIR alleged that the petitioner visited the school with an unidentified person who was allegedly under the influence of liquor and spoke useless things with the teachers. A complaint was thereafter submitted on August 19, leading to registration of the FIR.
The petitioner, however, argued that the FIR does not reproduce the actual words allegedly spoken, does not specify whom the words were directed at or explain how they constituted intentional insult. It also allegedly does not attribute any assault, criminal force, threat, obstruction or other act of violence to the petitioner.
