'Approach HC': Supreme Court Stays Arrest Of Samajwadi Party Trade Wing Chief In UP Police FIRs Over 'Objectionable' Posts

Asking him to approach the Allahabad High Court for quashing/clubbing of FIRs, the Supreme Court today stayed for 2 weeks the arrest of Samajwadi Party trade wing chief Manish Jagan Agrawal who has been booked by Uttar Pradesh authorities over certain "objectionable" social media posts.

"If the petitioner is already on bail, his arrest shall remain stayed for 2 weeks to enable him to approach the High Court in the meanwhile", the Court ordered.

A bench of Justices Surya Kant and N Kotiswar Singh passed the order after hearing Senior Advocate Siddharth Dave (for Agrawal), who contended that the petitioner seeks quashing/clubbing of 3 FIRs - in two of which he has been granted bail and in a third, he has not been arrested.

"Go to High Court, why are you coming to Supreme Court? All 3 FIRs are only in UP...why can't you go to High Court?" Justice Kant asked Dave.

In response, the senior counsel conceded that the petitioner can approach the High Court, but in the meantime he may be granted interim protection. Accordingly, the Court recorded in the order that if Agrawal is on bail, his arrest shall remain stayed (in any other similar case) for 2 weeks to enable him to approach the High Court.

Briefly put, Agrawal, SP's trade wing chief, reportedly made certain "objectionable" social media posts, including on UP CM Yogi Adityanath. Following the same, he was arrested by Lucknow police "to prevent the strong possibility of continuously creating negativity, unrest and violence in the society through objectionable posts on social media".

Apparently, 3 FIRs have been registered in UP against him - (i) under Sections 353(3) (punishment for statements conducing to public mischief),196(1) (punishment for promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony) of BNS and Section 67 of Information Technology Act (punishment for publishing or transmitting obscene material in electronic form) (ii) under Section 353(2) BNS, and (iii) under Sections 353(3) and 356(2) (punishment for defamation) of BNS. In two of them, he is stated to be out on bail.

Referring to these multiple "frivolous" FIRs, Agrawal approached the Supreme Court seeking urgent directions in relation to his "illegal arrest and detention" in a case registered by Lucknow police under Section 126, 135, and 170 of BNSS. He claimed that the FIRs impeded his personal liberty and freedom guaranteed under Articles 21 and 22(1) of the Constitution.

Today, while granting interim protection from arrest to Agrawal, to enable him to approach the High Court, the top Court directed that the Registrar (Judicial) of the High Court list his proposed petition within 3 days of filing.

"The petitioner seeks quashing/clubbing of the following 3 FIRs...all the FIRs have been registered in the state of UP. We are of the considered view that the petitioner can approach the High Court for the same reliefs...having regard to the urgency involved, we direct the Registrar (Judicial) of the High Court that the petition that will be filed by the petitioner be listed within 3 days of filing", dictated Justice Kant.

Appearance: Senior Advocate Siddharth Dave assisted by Advocate Anuroop Chakravarti

Case Title: MANISH JAGAN AGRAWAL Versus THE STATE OF UTTAR PRADESH, W.P.(Crl.) No. 99/2025

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