Supreme Court Stays FIR Against ‘Mohammad Deepak’ In Kotdwar Shop Row, Also Lifts Social Media Gag

The Bench of Justices Vikram Nath and Sandeep Mehta also stayed the operation of an Uttarakhand High Court order restraining Deepak from posting messages or videos concerning the incident on social media.

The Court issued notice to the Uttarakhand government and other respondents on Deepak’s plea challenging the High Court’s refusal to quash the FIR. The matter has been made returnable in four weeks.

According to Singhvi, Deepak intervened to assist Ahmed and subsequently became the subject of an FIR, while complaints allegedly made by him in relation to the incident did not receive similar action.

“How can a good Samaritan be subjected to this kind of a complaint?” Singhvi submitted.

Deepak had earlier become widely known as “Mohammad Deepak” after a video of the confrontation went viral on social media. In the video, when members of the group allegedly questioned him about his name, he was seen responding, “My name is Mohammad Deepak.”

Singhvi also relied on video footage of the incident and questioned the reasoning adopted by the High Court in refusing to quash the FIR.

He pointed out that an offence relating to rioting under Section 191 of the Bharatiya Nyaya Sanhita (BNS) had initially been invoked against Deepak but was subsequently dropped after, according to him, its essential ingredients were found to be absent.

The remaining offences, Singhvi argued, were punishable with imprisonment of less than seven years. He therefore submitted that the safeguards laid down by the Supreme Court in Arnesh Kumar concerning arrest and investigation in such cases would apply.

A significant part of the challenge concerned the High Court’s direction restraining the parties from making comments related to the incident on social media. Singhvi described the restriction as a blanket gag order, arguing that it impermissibly prevented Deepak from posting messages or videos concerning the incident.

The Supreme Court has now stayed the effect and operation of the High Court’s order, including the restriction on Deepak’s social media posts.

Background

The controversy arose after members of the Bajrang Dal allegedly confronted Ahmed over the use of the word “Baba” in his shop’s name in Kotdwar.

Multiple cases were subsequently registered in connection with the incident. One FIR was registered against 30–40 unidentified persons allegedly involved in the protest, on allegations including disturbing public peace, obstructing government officials and manhandling police personnel.

Deepak later approached the Uttarakhand High Court seeking quashing of the FIR against him, along with police protection for himself and his family and departmental action against police officers whom he accused of partisan conduct.

The High Court had earlier rejected his plea seeking police protection and departmental action, while directing parties not to make comments about the incident on social media to prevent provocation of public sentiment.

The State had opposed Deepak’s allegations before the High Court, claiming that he had concealed material facts, including that police protection had been provided to him until March 13 and that two FIRs had been registered on his complaint. The State also maintained that Deepak did not face any threat.