The Allahabad High Court has granted protection from arrest to a Bhim Army functionary in connection with an FIR lodged against him over a derogatory post on Chief Minister Yogi Adityanath.
Hearing a writ petition filed by Sudhir Aryan, a Bhim Army functionary, a bench of Justice Rajeev Misra and Justice Padam Narain granted six weeks to the state government and the informant in the case to file their counter-affidavits.
According to the FIR filed on April 8 at the Kareli police station of Pilibhit, the accused – who is the divisional vice-president of the Bhim Army Bharat Ekta Mission (Bareilly division) – has been accused of posting a derogatory post on social media against Yogi while referring to the Chief Minister's statement advising the public to buy diesel and petrol only if required.
During the course of the hearing, the petitioner’s counsel submitted that he had only exercised his right of expression and no offence under section 505 IPC/353(2) BNS can be said to be made out against him.
However, while opposing the writ petition, the state government counsel argued that a cognizable offence was clearly disclosed. Hence, the petitioner was not entitled to any relief.
The court, in its order dated May 13, fixed August 12 as the next date of hearing.
