Allahabad High Court Refuses To Quash FIR Over Circulation Of Video Calling 'Hazrat Adam' As Father Of Hindus

The Allahabad High Court on Tuesday refused to quash a First Information Report (FIR) registered over the circulation of a video on Facebook, wherein an anonymous Maulana was seen as saying that 'Hazrat Adam is the father of the Hindus'.

Having perused the contents of the FIR, the Bench of Justice Ashwani Kumar Mishra and Justice Ajai Tyagi found that prima facie a cognizable offence was disclosed in the same and in view of the law settled, the Court added, prayer for its quashing cannot be allowed.

The facts of the case

Essentially, the FIR in the matter, accessed by Live Law, was lodged on a complaint filed by one by one Mahesh Pandey (the informant) who saw a video on Facebook in which certain statements were made and which allegedly hurt the sentiments of the Hindus (including the informant).

Allegedly, in the Video, an anonymous Maulana was saying that Hazrat Adam is the father of the Hindus and due to which, the informant alleged, the Hindus were agitated.

It was further stated in the FIR that the video was from an event organized by one Zabir khan and it was uploaded on Facebook with an intention to hurt the sentiments of the Hindus. With this, the informant had submitted in the complaint, that an FIR be registered against the named accused persons and appropriate action be taken.

Pursuant to this, a case was registered against the accused persons under Sections 295-A, 505(2) IPC & Section 66 Information Technology (Amendment) Act, 2008.

Now, the applicant, Shakil Khan moved his instant writ plea through Advocates Mohd Shamim Khan and Deepak Singh Patel on the ground that allegations are absolutely fake and that in fact no such video has been circulated, which may offend the feelings of members of a particular community.

On the other hand, AGA submitted that a charge sheet had already been filed against one Sabbir Khan and the investigation is pending against Shaquil Khan and another person with a similar name (Shaquil) is said to have been exonerated. 

Court's observations

At the outset, the Court observed that whether or not such viral video contains any offending material is required to be examined by the investigating agencies and that the Court won't be justified in entertaining the challenge to the first information report only on factual issues about the video not containing such substance.

From the facts brought on record, the Court found that prima facie a cognizable offence is disclosed and therefore, the Court refused to quash the first information report. However, noting that as all the offences alleged in the police report provide for the punishment of less than seven years, the police authorities were directed to keep in mind the provisions of Section 41-A Cr. P.C while conducting an investigation in the matter.

The writ petition stood disposed of, accordingly.

Case title - Shakil Khan v. State Of U.P. And 2 Others
Case citation: 2022 LiveLaw (AB) 42

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