Allahabad HC Grants Interim Relief To Ex-UP MLA In FIR Over Allegedly Spreading 'Police Constable Exam' Paper Leak Rumors

A bench of Justice Attau Rahman Masoodi and Justice Subhash Vidyarth directed that Shah may not be arrested in pursuance of the FIR lodged against him under Sections 318(4), 336(3), 338 and 340(2) of B.N.S. and Section 13 of the UP Public Examination (Prevention of Unfair Means) Ordinance, 2024.

In its order, the Court also noted that nothing had been brought to its attention that may prima facie indicate Shah's involvement in the offences alleged in the FIR.

The Court, however, cautioned the former UP Minister to be careful when uploading any material on digital media “which intends to cast aspersion on any constitutional or highly placed official in an objectionable language”.

It may be noted that the FIR against Shah was lodged in August this year. It claimed that some mischievous elements were found spreading the message on various social media platforms that the UP Police Constable Exam had been leaked, creating unnecessary imputation on this examination's sanctity.

While hearing the matter on Wednesday, the Division bench noted that Shah's role was restricted to a tweet, in which the improper language may be objectionable.

However, the Court added that it can't outline the contours of Article 19(1)(a) of the Constitution of India, which equally embodies the fundamental right of Freedom of Expression.

“Embarking on such an issue to define its limits would again be going too far in exercise of the power of judicial review, particularly when the moralities cannot be enforced through a writ,” the Court said.

In view of this, the Court confined itself to the questions limited to the alleged offences mentioned in the FIR and opined that nothing had emerged indicating Shah's complicity in the commission of those offences.

Consequently, as an interim measure without obstructing the course of the investigation, the Court granted him interim relief and further provided that a rejoinder affidavit could be filed within two weeks.

The matter has been directed to be listed two weeks after that.