The Lucknow bench of the Allahabad High Court lately stayed the arrest of retired IAS officer Surya Pratap Singh for tweeting a photograph of lifeless our bodies withinside the Ganges.
The department bench of Justices Ramesh Sinha and Jaspreet Singh surpassed this order whilst listening to a petition filed via way of means of Surya Pratap Singh. Singh prays for quashing of an FIR dated May 13, registered as case beneathneath Sections 153, 465 and 505 of IPC, Section 21 of the Uttar Pradesh Public Health and Epidemic Diseases Control Act, 2000, Section fifty four of the Disaster Management Act, 2005 and Section sixty seven of the Information Technology as Amended Act, 2000 at Police Station-Kotwali, District Unnao. The FIR has been lodged towards the petitioner for a ‘tweet’, which he published at the social medial internet site on May 13.
The allegation levelled towards the petitioner withinside the FIR is that photographs, that have been connected with the tweet, have been of January 13, 2014 and have been intentionally used to unfold hatred and led to spreading anxiety amongst distinctive sections withinside the locality.
The suggest for the petitioner argued that the petitioner is a retired IAS officer. He has dedicated his existence to the carrier of society and has served the country with complete dedication. He has best raised the troubles of public and social issues via numerous social media and that in the outbreak of the COVID-19 pandemic he has raised the grievances of residents on social media like ‘Twitter’.
The suggest for the petitioner has submitted that the components of Section 153 A aren’t made out even upon thinking about all substances on document. He argued that the allegations withinside the FIR, of their face price and of their entirety, do now no longer prima facie represent any offence or make out any case towards the petitioner beneathneath Section 153A of IPC.
The petitioner being IAS has no purpose to malign the photo of the Government however best, via way of means of posting the contents and information items, desires to draw the eye of the Government toward the troubles confronted via way of means of the residents at some stage in the outbreak of the COVID-19 pandemic.
The suggest subsequent drew interest to Section 505 IPC, Section 21 of the Uttar Pradesh Public Health and Epidemic Diseases Control Act, 2020, Section fifty four of the Disaster Management Act, 2005 and Section sixty seven of the Information Technology as amended Act, 2000 and argued that the petitioner is a accountable citizen and in his tweet had by no means supposed to unfold any hearsay or panic amongst human beings however the goal of the tweet become that our bodies of lifeless persons, be handled with appreciate and be cremated as according to spiritual rituals.
He additionally argued that the National Human Rights Commission had taken awareness of the burial of lifeless our bodies and lifeless our bodies floating in river Ganga and issued note to the kingdom government.
Therefore, his submission is that the FIR is not anything however an try and throttle the voice of dissent and is violative of freedom of speech assured via way of means of