Allahabad HC grants protection from arrest to Bhim Army leader over 'disparaging' remark against UP CM

The Allahabad High Court has granted protection from arrest to a Bhim Army leader accused of making a derogatory remark against Uttar Pradesh Chief Minister Yogi Adityanath.

The court granted six-weeks-time to the state government and informant in the case to file counter-affidavits.

The bench comprising Justice Rajeev Misra and Justice Padam Narain Mishra in its order dated May 13 granted interim relief to Bhim Army leader Sudhir Aryan -- booked under Section 353 (2) Bharatiya Nyaya Sanhita pertaining to public mischief through hate speech and digital misinformation.

As per the FIR lodged at Kareli police station of Pilibhit district on April 8, Aryan -- the vice president of the Bhim Army Bharat Ekta Mission (Bareilly division) -- has been accused of uploading a derogatory post on social media while referring to the chief minister's statement advising public to buy diesel and petrol only if required.

The counsel for Aryan, also the petitioner, argued that even if the allegations in the FIR are accepted at face value, it is apparent that the petitioner had not meant an assault on the character of the chief minister.

They submitted that the accused used only one word describing the mental state of the chief minister and had only exercised his right of expression. No offence under Section 353(2) BNS can be made out against the accused, they argued.

The government counsel said a cognisable offence was apparent, arguing that the petitioner was not entitled for any relief.

The court after hearing both parties observed, ''Considering the facts and circumstances of the case and also the submissions urged by the learned counsel for petitioner in support of this writ petition, it is hereby provided that till further orders of this court, petitioner shall not be arrested in this case.''.

The court has fixed August 12 as the next date of hearing in the case.

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)