Allahabad High Court protects CJP activist from arrest over video of government school

The Allahabad High Court on September 28 granted interim protection from arrest to Cockroach Janta Party (CJP) member Gaurav Bharti in connection with an first information report (FIR) registered against him for filming the dilapidated condition of a government primary school in Farrukhabad [Gaurav Bharti @ Gaurav Kumar v. State of U.P. and 3 Others].

A Division Bench comprising Justice Salil Kumar Rai and Padam Narain Mishra issued the direction on petition filed by Bharti seeking the quashing of the criminal proceedings initiated against him.

"The petitioner shall not be arrested in pursuance of the First Information Report dated 19.08.2026, registered as Case Crime No. 0246 of 2026, under Sections 352 and 353 of the Bharatiya Nyaya Sanhita, 2023 and Section 66 of the Information Technology Act, 2000, Police Station- Nawabganj, District Fatehgarh," the Court directed.

The controversy stemmed from an FIR registered on August 19 at Nawabganj Police Station in Fatehgarh district. According to the FIR, the petitioner was accused of having "illegally prepared a video of the institution and had misrepresented the condition of the institution."

Bharti recorded the footage as part of the CJP’s ongoing 'School Thik Karo' campaign, an initiative aimed at highlighting poor civic infrastructure and lacking basic facilities in state-run primary schools.

Bharti's counsel contended that the recitals in the FIR were completely baseless and false.

It was further argued that in any event, the petitioner could not be prosecuted for the offences in light of an earlier ruling of the High Court delivered this month.

The Bench observed that "the matter requires consideration."

It noted that the Additional Government Advocate had accepted notice on behalf of the State authorities and directed the issuance of notice to the complainant.

The Bench granted eight weeks' time to all respondents to file their counter-affidavits, allowing four weeks thereafter to the petitioner to file a rejoinder.

Bharti was granted interim protection from arrest.

The matter was directed to be listed following the expiry of the stipulated period.

Advocates Ankur Azad, Saumitra Anand, Shashank Tiwari, Shashwat Anand and Shrey represented Bharti.

[Read Judgment]