'SC/ST Lower Castes' Tweet: UP Court's Order Refusing To Direct Registration Of FIR Against Journalist Rajat Sharma Challenged In HC

An appeal has been moved before the Allahabad High Court challenging Agra Court's order rejecting an application moved before it under section 156 (3) CrPC seeking registration of an FIR against Rajat Sharma, the chairman and Editor-in-chief of India TV, for allegedly calling Scheduled Caste and Scheduled Tribe as 'lower/small' castes.

The Appeal has been preferred by Mukesh Kumar Chaudhary, a member of the SC community, under Section 14A(1) of the SC/ST Act against the order and judgment of Special Judge (SC/ST Act)/Additional Sessions Judge, Agra passed in October 2022 rejecting his Sectio 156 (3) CrPC plea.

In the appeal, it has been averred that Agra Court failed to take note of the fact that Sharma had committed a cognizable act under Sections 504, 510, 124A IPC and 66, 67 of IT Act and Sections 3 (1) (r), 3 (2) (va) and 3 (2) (5) of the SC/ST Act by putting out a tweet on July 6, 2021, addressing the Scheduled Caste and Scheduled Tribe as 'lower/small' castes.

The alleged tweet in question reads thus:

कल मोदी के मंत्रिमंडल के विस्तार में 25 से ज़्यादा OBC, SC और ST के चेहरे दिखाई देंगे. 20 छोटी छोटी जातियों के नेताओं को जगह दी जाएगी. पिछड़े और वंचित समाज के कई लीडर मंत्री बनेंगे #CabinetExpansion. [Tomorrow more than 25 OBC, SC and ST faces will be seen in the expansion of Modi's cabinet. Leaders of 20 small castes will be given place. Many leaders of backward and deprived society will become ministers. #CabinetExpansion]

कल मोदी के मंत्रिमंडल के विस्तार में 25 से ज़्यादा OBC, SC और ST के चेहरे दिखाई देंगे. 20 छोटी छोटी जातियों के नेताओं को जगह दी जाएगी. पिछड़े और वंचित समाज के कई लीडर मंत्री बनेंगे. #CabinetExpansion

— Rajat Sharma (@RajatSharmaLive) July 6, 2021

The appellant has averred that the presentation of the Schedule caste and scheduled Tribes category as lower caste is derogatory, objectionable, and forbidden by the constitution of India, and the same is committed in open media and after seeing the alleged tweet, the appellant's sentiment were hurt.

Challenging the Agra Court's order, the Appellant has also sought a direction from the HC for registration of an FIR against Sharma, his wife (Rity Dhawan), and Manish Maheshwari (the former Twitter India Head).

The Appeal would come for a hearing on Wednesday (March 15) before the bench of Gajendra Kumar.

It may be noted that the application of the appellant was rejected by the Agra Court on the ground that the alleged tweet comes under the purview of Sharma's Right to freedom of speech and expression and that the same does not appear to insult anyone. The Court had also stated in its order that it appeared that the appellant had filed the plea before the Court, seeking cheap publicity.

Case title - Mukesh Kumar Chaudhary vs. State of UP and others [CRLA/21153/2023]