Allahabad High Court grants interim protection to man booked for terming PM Narendra Modi a "virus" in social media post

The Allahabad High Court recently granted interim protection to a man accused of posting a video on social media, wherein he is said to have termed Prime Minister Narendra Modi "a virus" which requires an "urgent antidote." [Mohd. Farhan v. State of Uttar Pradesh and Others]..A division bench of Justices Anjani Kumar Mishra and Nand Prabha Shukla passed the order after observing that, prima facie, the alleged comments by the accused did not fall within the purview of Section 504 (intentional insult with intent to provoke breach of the peace) of the Indian Penal Code 1860 (IPC). "Prima facie, the words attribute[d] to the petitioner do not fall within the purview of Section 504 I.P.C. and, therefore, the matter requires consideration," the Court's order stated. .The Court proceeded to direct that the accused should not be arrested in the case until the next date of listing. The Court added that this protection would be available either until the case is listed next or until the police files its charge-sheet, whichever is earlier. The Court also directed the accused-petitioner to fully cooperate with the investigation, failing which he would not be entitled to the protection granted by the Court. .The Court was dealing with a petition moved by one, Mohd. Farhan, to quash a First Information Report (FIR) registered against him for offences under Section 504 of IPC and Section 66 of the Information Technology Act 2008..The petitioner allegedly posted videos on social media with inappropriate comments against Prime Minister Modi, terming him "a virus" which requires an "urgent antidote.".The petitioner's counsel, advocate Aishwarya Pratap Singh told the Court that no offence was made out against the petitioner under Section 504 IPC or under IT Act.He added that the words used, in any case, cannot be termed as derogatory or indecent to attract an offence under Section 504, IPC. He contended that the alleged comment was a political comment, and not made to provoke the Prime Minister or to break public peace..Additional Advocate General (AAG) Manish Goel, appearing for the State, countered that the petitioner did not deny the allegations in the FIR. The Court was further told that the petitioner claimed to be a journalist and that he was a spokesperson of a political party.The AAG also asserted that the words attributed to the petitioner, which stand admitted in the petition of the accused, disclosed the commission of a cognizable offence.The Court said that prima facie no offence seemed to be made out under Section 504 IPC.It, therefore, sought the response of the State to the plea and granted interim protection to the accused."Till the next date of listing, the petitioner may not be arrested consequent to the FIR dated April 1, 2023 giving rise to Case Crime No.0082 of 2022, under Section 504 IPC and Section 66 of the Information Technology (Amendment) Act, 2008, Police Station- Kareli, District- Nagar (Commissionerate Prayagraj). This protection shall be available either till the next listing or till submission of police report under Section 173(2) CrPC, whichever is earlier," the order said.[Read Order]