Ex-IAS Officer Booked For Tweeting An Audio Alleging 'Payment For Favourable Tweets For UP CM': Allahabad High Court Stays Arrest
The Allahabad High Court last week stayed the arrest of a retired IAS officer who has been booked under various offences under Section 505 IPC and Section 66 of the IT Act for tweeting an audio clip containing a conversation conversation alleging that people were being paid to tweet in favour of Yogi Adityanath. The Bench of Justice Pritinker Diwaker and Justice Samit Gopal stayed...
The Allahabad High Court last week stayed the arrest of a retired IAS officer who has been booked under various offences under Section 505 IPC and Section 66 of the IT Act for tweeting an audio clip containing a conversation conversation alleging that people were being paid to tweet in favour of Yogi Adityanath.
The Bench of Justice Pritinker Diwaker and Justice Samit Gopal stayed Ex-IAS Officer Surya Pratap Singh's arrest till the next date of hearing and posted the matter in the week commencing August 9, 2021.
The matter in brief
As per the FIR, the petitioner had shared a tweet in which an audio clip was uploaded which allegedly talked about sharing of favourable tweets for the chief minister of Uttar Pradesh, Yogi Adityanath in return for money.
The FIR further stated that the phone conversation was allegedly between two persons who took the name of the first informant.
The first informant further alleged that the entire act of sharing the video recording on social media was a part of a larger conspiracy which was hatched by the petitioner (Ex IAS Officer) and two persons who spoke on the call.
The First informant also stated that he is a supporter of Uttar Pradesh CM and the State Government and he had been tweeting in favour of the Government and CM Yogi Adityanath.
Regarding the FIR, the counsel for the Petitioner said that even if the entire prosecution case was taken as it is, offence under Section 505 of IPC and Section 66 of the Information Technology Act, was not made out.
Court's order
Staying his arrest, the Court said that on the next date, all endeavour would be made to decide the writ petition finally and further adjournment may not be granted as a matter of right.
Last month, he was granted a stay on his arrest in another FIR for various offences under IPC, Uttar Pradesh Public Health and Epidemic Diseases Control Act, 2000, Disaster Management Act, 2005 and IT Act for allegedly tweeting some photos and videos alleging COVID mismanagement in Uttar Pradesh with regard to COVID Dead Bodies.
The bench of Justice Ramesh Sinha and Justice Jaspreet Singh ordered thus while hearing the plea of the Retired IAS office.
The allegation against him was that the photographs he attached with the tweet and posted on Twitter deliberately spread hatred and it resulted in spreading tension among different sections in the locality.
Manish Tiwary, Senior Counsel, assisted by Anshul Nigam and Syed Imran Ibrahim appeared by the counsels for the petitioner.
Case title – Surya Pratap Singh v. State Of Up And 2 Others
Read order