Prayagraj: Allahabad High Court has given relief to a Jaunpur lawyer in the case of posting online indecent material against a particular community and has banned punitive action against him. This order was given by the division bench of Justice Arvind Singh Sangwan and Justice Mohammad Azhar Hussain Idrisi on Thursday while hearing the petition of advocate Barsatu Ram Saroj.
The petitioner has filed a petition demanding cancellation of the FIR registered against him under Section 353 (2) of the BNS and Section 67 of the IT Act 2000. Section 353 (2) of the BNS prohibits enmity, hatred or ill-will between different religious, racial, linguistic or regional groups or castes or communities on grounds of religion, race, place of birth, residence, language, caste or community or on any other ground. Intended to cause or promote emotion or likely to cause or promote emotion.
There is a provision for punishment for making, publishing or circulating any statement or report containing false information, rumor or alarmist news, including through electronic means. The petitioner’s lawyer argued that the FIR did not mention what kind of posts the petitioner had made on his social media account. It also said that it is mentioned in the FIR that the petitioner was expelled from the Bar Association, which proves that the FIR was filed with malicious intent.
In the FIR lodged against the petitioner, it is alleged that on September 25, 2024, he made indecent remarks about a particular community on his social media ID, which hurt the entire community. It was said in the FIR that a case should be registered against the advocate under appropriate sections so that his daily abuses could stop. The FIR has been registered at the behest of Savarna Sena District President Praveen Tiwari.
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