Gujarat High Court Imposes ₹1 Lakh Fine On Man Booked For Making Derogatory Comments About Arya Samaj On YouTube

The Gujarat High Court has imposed a fine of Rs 1 lakh on a man, Manohardas Biharidas Ramvat, for making offensive comments against the Arya Samaj sect on a YouTube channel. 

Justice Nirzar S Desai, presiding over the case, reprimanded Ramvat for his derogatory comments about the sect.

During the proceedings, Justice Desai questioned the advocate for Ramvat, Dhwani Y Chandarana, asking,“Yes, what cost will you pay?”

Chandarana responded by stating, “He's a young sadhu.”

Justice Desai sharply remarked, “So what? Do sadhu's get the licence to abuse other religions or sects? Sorry. 1 lakh rupees, ask him.”

Chandarana pleaded for some relief, stating, “Some relief milords. He's a young sadhu of 22 years, Milords.”

To which Justice Desai responded by saying, “Then he should think hundred times before making derogatory comments about other religions and sects”

The FIR filed at a cybercrime police station last year against Ramvat included offences under Sections 295A, 505(1)(b), and 153 A of the Indian Penal Code, read with Section 67 of the Information Technology Act.

The advocate for Ramvat submitted that the parties had amicably resolved the issue, and continuing the proceedings would cause hardship to the applicant.

It was submitted that Sanjaykumar Dahyabhai Prajapati, the respondent, filed an affidavit stating that the dispute was resolved through intervention from trusted individuals in the society. It was further stated that the trial would be futile and any continuation of the proceedings would amount to an abuse of the process of law. Chandarana stated that the applicant was ready to deposit Rs 1,00,000/- as costs, and submitted an undertaking to this effect.

Alternatively, the Additional Public Prosecutor opposed the application, citing the seriousness of the offence and advocating against quashing the complaint. Prajapati's advocate reiterated Ramvat's advocate's contentions, and Prajapati, present in court, declared the dispute resolved.

The court noted that further continuation of the criminal proceedings would cause unnecessary harassment to Ramvat.

Citing the Supreme Court's decision in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others v. State of Gujarat, Criminal Appeal No.1723 of 2017, the court observed, “Considering the nature of disputes between the parties which are all private in nature, I am of the opinion that the matter requires consideration. It appears that the trial would be futile and further continuance of the proceedings pursuant to the impugned FIR would amount to abuse of process of law and hence, to secure the ends of justice, the impugned FIR is required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code”

Resultantly, the application was allowed by the Court and the impugned FIR registered with Cyber Crime Police Station, Ahmedabad as well as all other consequential proceedings arising out of the aforesaid FIR were quashed and set aside.

“However, the applicant shall deposit a sum of Rs.1,00,000/- with the Gujarat State Legal Services Authority within a period of two week from today towards the cost. It is made clear that this order shall come in force only once the amount of cost is deposited by the applicant with the Gujarat State Legal Services Authority within a period of two weeks from today and receipt of the same is produced. Accordingly, Rule is made absolute,” the Court concluded.

Case Title: Manohardas Biharidas Ramvat Versus State Of Gujarat & Anr.

LL Citation: 2024 LiveLaw (Guj) 109

Appearance :

DHWANI Y CHANDARANA for the Applicant.

MR NILAY H. PATEL for the Respondent No. 2

MS MAITHILI MEHTA, APP for the Respondent No.1.

Click Here To Read Judgement