News By/Courtesy: Ayush Garg | 30 May 2020 20:42pm IST

HIGHLIGHTS

  • FIR for allegedly
  • Bench said,
  • The bench , however, granted liberty to the petitioner

The Supreme Court rejected the plea of Haryana Congress leader to quash the FIR lodged against him. Pankaj Punia tweeted abusive words for Shri Ram, after which FIR was lodged against him in many places including Madhya Pradesh, Uttar Pradesh, and Haryana.
A bench of the apex court headed by Justice Arun Mishra refused to grant any relief to Punia and dismissed his plea. The bench also consisted of Justice Indira Banerjee and Justice S. Abdul Nazir.
Punia had reached the apex court seeking a petition seeking the cancellation of the FIRs against him for his alleged objectionable tweet. In his writ petition before the Apex Court, Punia had argued that "there is a growing tendency amongst investigating agencies to file multiple FIRs on the same cause of action", which "allows the state to detain a citizen for prolonged periods, pending an investigation".
"Since these FIRs are often filed in different states, the accused citizen also finds it impossible to appear before different investigating agencies and courts across the country. The practice has deleterious consequences for democracy, fair process and free speech in the country", it was advanced.
 The Supreme court said in its order, "We are not inclined to entertain this petition filed under Article 32 of the Constitution of India. The writ petition is accordingly dismissed." The apex court, however, gave Punia the liberty to go to the concerned High Court for relief. Senior advocate Sanjay Hegde and other lawyers Sukhwinder Singh, Pranjal Kishore, and MP Vinod appeared in the court on behalf of Punia.
The Haryana police had said in the case registered in Madhuban police station, Punia has been booked under IPC sections related to promoting enmity between different groups (153 A), outraging religious feelings (295 A), public mischief (505-2), and Section 67 of the Information Technology (Amendment) Act 2008.
Punia in his tweet, now removed, had targeted the Yogi Adityanath government in Uttar Pradesh, referring to the politics over plying of buses by the Congress for ferrying migrants.

THIS ARTICLE DOES NOT INTEND TO HURT THE SENTIMENTS OF ANY INDIVIDUAL, COMMUNITY, SECT, OR RELIGION ETCETRA. THIS ARTICLE IS BASED PURELY ON THE AUTHOR'S PERSONAL VIEWS AND OPINIONS THE EXERCISE OF THE FUNDAMENTAL RIGHT GUARANTEED UNDER ARTICLE 19(1)(A) AND OTHER RELATED LAWS BEING  FORCE IN INDIA FOR THE TIME BEING.

Section Editor: Pushpit Singh | 03 Jun 2020 14:05pm IST


Tags : Supreme Court, Congress

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