Allahabad High Court Grants Relief To Siddharth Varadarajan In Case Over The Wire’s Barabanki Mosque Demolition Video

The Allahabad High Court has stayed further proceedings arising from an FIR lodged in Barabanki against Managing Director of online news portal 'The Wire' Siddharth Varadarajan and two others in connection with a video report on the demolition of a mosque in Barabanki.

Justice Pankaj Bhatia passed the interim order while hearing a petition filed under Section 482 of the Code of Criminal Procedure seeking quashing of the cognizance and summoning order dated February 24, 2023 passed by the Civil Judge (Junior Division), Barabanki. The petition also challenged the charge sheet dated May 24, 2022 and the entire criminal proceedings arising out of FIR No. 231 of 2021 registered at Police Station Ram Sanehi Ghat in Barabanki district.

The FIR invoked offences under Sections 153, 153A, 505(1)(b), 120B and 34 of the Indian Penal Code [corresponding to Sections 196, 197, 353(1)(b), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 respectively]. The applicants approached the high court contending that the allegations in the FIR did not disclose the ingredients of the offences alleged.

The case stems from a video documentary published by the digital news portal The Wire on the demolition of a mosque at Ram Sanehi Ghat in Barabanki. The administration had demolished the structure in May 2021, describing it as an illegal construction, while the documentary carried claims and statements from local residents and members of the mosque committee regarding the demolition.

According to the police, the video contained statements that were allegedly misleading and capable of disturbing communal harmony. The FIR alleged that the documentary spread animosity in society and created communal tension, prompting the registration of criminal charges against the portal and those associated with the video.

Counsel appearing for the applicants submitted before the high court that Varadarajan is the Managing Director of The Wire, while the other applicants are associated with the platform as cameraman and anchor responsible for producing shows published under the portal’s banner.

It was argued that even if the contents of the FIR were accepted at face value, the allegations did not constitute an offence under Section 153A IPC. The applicants also contended that prosecution under Section 153A requires prior sanction under Section 196 of the Code of Criminal Procedure, which had not been obtained in the present case.

The high court noted that the petition had earlier been entertained on July 11, 2023, when notices were issued to the State and the complainant directing them to file their counter affidavits. However, despite more than two and a half years having passed since that direction, the State had not filed any counter affidavit.

When the matter was taken up again, counsel appearing for the State sought further time to file the counter affidavit, stating that proper instructions could not be obtained due to a meeting.

Justice Bhatia recorded that upon perusal of the FIR, a prima facie case for prosecution under Section 153A IPC did not appear to be made out. The court also noted that there was no material on record to rebut the applicants’ contention regarding the absence of sanction required under Section 196 CrPC.

Court further observed that the FIR did not disclose material indicating the personal complicity of the applicants in the alleged offences. It also pointed out that the summoning order passed by the trial court did not reflect any application of mind based on an analysis of the charge sheet, which had been mandated by an earlier order of the high court dated July 9, 2021 in another case.

Taking note of these aspects, court granted the State a final opportunity to place its response on record and directed that three weeks and no more time would be granted to file the counter affidavit.

The matter has been listed for March 31, 2026. Until the next date of listing, the high court directed that further proceedings arising out of FIR No. 231 of 2021 registered at Police Station Ram Sanehi Ghat, Barabanki shall remain stayed.

Court also clarified that if the State fails to file its counter affidavit by the next date, the matter will be decided without considering the State’s response.

Case Title: Siddharth Varadarajan and Others vs State of U.P. through Additional Chief Secretary/Principal Secretary, Home Department, Lucknow and Another

Order Date: March 10, 2026

Bench: Justice Pankaj Bhatia