Mumbai Police Gives Clean Chit To RTI Activist Accused Of Making Derogatory Post Against Dr Babasaheb Ambedkar

Based on a forensic report, the police informed the court of Justice Prakash Naik that accused Abdul Rahim Abdul Gani Ghadiyali was not involved in the crime. A summary report, closing the investigation would be filed before the concerned court, the public prosecutor added.

Ghadiyali was booked following a complaint by a member of the scheduled caste community for offences punishable under Sections 295A of the Indian Penal Code, 3(1) (v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) Section 67 of the Information Technology Act.

However, Advocate Tahera Qureshi argued that Ghadiyali was falsely implicated, being an RTI activist and whistle blower. She maintained some unknown persons had created a Facebook account in his name and written the post.

Based on these submissions the court had granted him interim anticipatory bail, last year. It had directed that in the event of Ghadiyali's arrest he must be released on bail on executing P.R. Bond in the sum of Rs.20,000.

When the petition came up for hearing earlier this month, the court said there remained no reason not to grant Ghadiyali relief. Especially after the police's submission that they weren't pursuing the case against him.

"In view of the aforesaid circumstances, the question of arresting the appellant does not arise," the bench observed.

"Learned APP, on instructions, submitted that the investigation did not reveal the involvement of the appellant in the crime. He tendered report dated 2nd December, 2021, which mentions that no evidence could be gathered against the appellant for posting controversial message on social media. Learned APP, on instructions, further submitted that in view of the aforesaid report the Police would file the summary report before concerned Court," the court noted.