The Allahabad High Court has dismissed a petition seeking quashing of an FIR filed against the Secretary of UP Youth Congress, over his alleged remark pertaining to a ‘love affair’ and homosexual relationship between Prime Minister Narendra Modi and founder & chairman of Adani Group, Gautam Adani.
The Division Bench of Justice Anjani Kumar Mishra and Justice Nand Prabha Shukla passed this order while hearing a petition filed by Sachin Chaudhary.
The petition seeks quashing of First Information Report dated 01.04.2023 giving rise to Case under Sections 153-A, 505(2), 504 IPC, Police Station Sambhal, District Sambhal.
It is contended by the counsel for the petitioner that the First Information Report alleges that in a press conference, the words spoken by petitioner cannot and should not attract Section 153-A of IPC.
The allegations in the First Information Report are vague and it is hard to understand as to how the words would disturb communal harmony. The petitioner is a social activist and Secretary of Youth Congress, U.P.
It is alleged in the first information report that allegations of a love affair and homo-sexuality were made insofar as the relationship between the Prime Minister and Adani is concerned.
The statement made by petitioner is not contrary to law, in any case, the provision which has been invoked in the impugned FIR criminalize freedom of speech which is guaranteed under the Constitution.
The first information report is mala fide and has been prompted by political reasons.
AGA has opposed the petition and has stated that the statements made by the counsel for the petitioner in a press conference are definitely prejudicial to the maintenance of harmony between groups or communities and have the potentialities of disturbing communal harmony and public tranquility.
“In our considered opinion that the offence alleged in the impugned FIR would definitely fall within the ambit of Section 153-A and Section 505(2) of IPC which are cognizable offences. The FIR therefore, cannot be quashed”, the Court observed while dismissing the petition.