You are a suspect: Uttarakhand High Court slams 'Mohammad' Deepak for seeking protection, action against cops

The Uttarakhand High Court on Thursday said that ‘Mohammad’ Deepak Kumar, who recently shot to limelight for standing up for a Muslim shopkeeper harassed by right-wing activists, was attempting to put pressure on the police by filing a petition related to a case against him.

Justice Rakesh Thapliyal was hearing a plea moved by Kumar for quashing of the First Information Report (FIR) registered against him on the complaint of right-wing activists.

The Court questioned how Kumar can seek protection against threats in the plea essentially filed for quashing of the FIR.

"This is complete abuse of process. The person who is an accused is praying for protection? They [police] are competent. Trust them. You are a suspected accused," the Bench said.

The Court also questioned the prayer for departmental inquiry against "erring" police officers for alleged partisan conduct in the matter.

"What type of prayer is this? Can you pray for this. This is a pressure tactic. I will dismiss with exemplary costs on the petitioner. When you file petition, you should keep in your mind who are you and what is your status in the petition. Your status is of suspected accused. A person who is a suspected accused praying for departmental inquiry.. A suspected accused is praying for protection," the Bench said.

The Court added that Kumar was trying to sensationalise the issue.

"Aap is matter ko sensitize karne ki koshish kar rahe ho by praying for all these additional prayers. Lesson should go," the Bench said.

The Court also said that Kumar was "burden(ing)" the police by filing the petition.

"Aap ne kis situation main daala tha [What situation have you put them in]. That was in their mind that such type of petition is there, that they [petitioner] are asking for inquiry against police officers. You created this situation. You are attempting to influence the investigation," the Bench added.

Advocate Navnish Negi, representing Kumar, said Kumar was trying to de-escalate the situation when the incident of hate speech and criminal intimidation took place. Negi also read the complaints submitted by Kumar and others against the members of Bajrang Dal.

However, the Court asked the counsel to not focus on "the story" but come to the reliefs sought. It added that prayer for quashing the FIR can be considered but questioned the other reliefs sought by Kumar.

"Can you pray this in writ jurisdiction? You are praying for prosecuting them," the Court asked.

On demand for adequate police protection, the Court said the administration is competent and under legal obligation to maintain law and order.

"In prayer number 1, you are praying for quashing of FIR and then praying for protection to a person who is a suspected accused? As on date, your status is as suspected accused and then you are praying for protection? Suppose Court grants protection, how can they [police] investigate," the Bench said.

The Court also took note of the State's submission that there was no threat perception against Kumar.

Kumar's counsel said he has been receiving consistent threats. However, the Court reiterated that he is facing investigation and that the police have the legal obligation to safeguard his life and liberty.

"So praying for protection after impugned FIR is abuse of process. Trust them," the Bench said.

The Court also remarked that some cases generally affect the society.

"Ek chingari (one spark), I took serious cognizance in matter of 'I love Muhammad'. Investigation was so faulty... I ordered further investigation. I will apply my judicial mind," the Bench added.

Though the Court was inclined to reject the prayers, it adjourned the matter to Friday after the counsel sought time to verify certain aspects related to the case.