Allahabad HC Stays Coercive Action Against Lawyer Accused Of Posting 'Indecent' Content Against Brahmin Community Online

Listing the case for February 7, 2025, a bench of Justice Arvind Singh Sangwan and Justice Mohd. Azhar Husain Idrisi granted relief to Lawyer Barsatu Ram Saroj, as it noted that the matter requires consideration.

Saroj has moved the HC by filing a writ petition seeking the quashing of the FIR filed against him under Section 353(2) of BNS and Section 67 of I.T. Act, 2000.

For context, Section 353 (2) BNS provides punishment for making, publishing or circulating any statement or report containing false information, rumour or alarming news, including through electronic means, with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill will between different religious, racial, language or regional groups or castes or communities.

Before the HC, Saroj's counsel argued that the FIR did not state what type of post the petitioner had made on his social media account. It was also contended that the FIR mentions that the petitioner was expelled from the Bar Association, proving that the FIR was registered with a malafide motive.

The FIR against Saroj, accessed by LiveLaw, alleges that on September 25, 2024, he made 'indecent' comments about the Brahmin community on his social media ID, which hurt the entire community as a whole.

The FIR further states that a case should be registered against him under relevant sections to stop his daily abusive language. The FIR was lodged at the instance of one Praveen Tiwari, District President of Savarna Army.