DHCBA seeks withdrawal of UP Police FIR against lawyer over X post on Ayush Malik case in Allahabad HC

The Delhi High Court Bar Association (DHCBA) has asked the Uttar Pradesh Director General of Police to withdraw or close a first information report (FIR) registered by Shamli police against Delhi-based advocate Syed Kaif Hasan, over his X post about a case recently decided by the Allahabad High Court.

Hasan had reportedly written that the Allahabad High Court reprimanded the Uttar Pradesh Police over Shamli youth Ayush Malik's illegal confinement at his home. Malik had been illegally detained by his family following his conversion from Hinduism to Islam.

The police denied the claim that it was reprimanded by High Court and registered an FIR against Hasan and others.

In a letter to DGP Rajeev Krishna, the DHCBA on September 29 said that Hasan's post was "expressly presented as an update of the proceedings and that the written order was, at that stage, awaited."

The association said it "does not seek to pre-empt any lawful investigation" but warned that such action may have a chilling effect on the legitimate reporting of judicial proceedings.

The letter followed a September 21 resolution in which the DHCBA condemned the "highhanded and uncalled-for action" of the UP police against Hasan, its member.

Shamil Police have registered an FIR under Section 353(2) of the Bharatiya Nyaya Sanhita (BNS) against Hasan and five others.

The FIR, in Hindi, rejects the claim that the court had reprimanded the Shamli Police. It states that the court had not sought a counter-affidavit from the police, and described the matter as a dispute between a father and son.

Shamli Police's cyber cell in a recent communication to X Corp described @kaifsyedhasan as a "fake Twitter account" created by "an unknown person."

The notice invoked Section 66D of the Information Technology Act, which deals with cheating by personation. It sought the account's IP address, linked email and mobile number, and device details.

In a response posted on X, Hasan told the police that his account was based of the High Court's oral observations, which were not recorded in the order passed subsequently.

"I am advocate in the same court. You may take action in accordance with law against those who are really distorting anything. But don't intimidate me please. Oral observations are different and heard by those present in court," Hasan said.