Supreme Court Refuses To Quash FIR Against UP Congress Leader Over Alleged 'Modi-Adani Love Affair’ Remark

Recently, the Supreme Court dismissed a petition filed by the Secretary of UP Youth Congress, Sachin Chaudhary, seeking to quash an FIR over his alleged remark that Prime Minister of India Narendra Modi was in a "love affair" with Industrialist, founder and chairman of Adani Group, Gautam Adani.

The Bench comprising Justices Aniruddha Bose and Bela M. Trivedi, while delving into the petitioner's contention that if the allegations made in the FIR are taken to be true, the same would not constitute an offence under Section 153A (Promoting enmity between different groups) of the IPC, observed:

“This argument of the petitioner has been summarized in the order of the High Court, in which the quashing plea of the petitioner has been rejected. The law enforcement agency is still investigating the alleged commission of offences, and they ought to decide on a future course of action after the completion of an investigation. At this stage, we do not think it is a fit case for interference.”

The Special Leave Petition was filed assailing the judgment of the Allahabad High Court, which refused to quash the FIR. The High Court observed that the offence alleged in the FIR would definitely fall within the ambit of Section 153-A and Section 505(2) (Statements creating or promoting enmity, hatred or ill-will between classes) of IPC which are cognizable offence and hence, the FIR, cannot be quashed.

Case Background

In the present case, the FIR was lodged at the instance of Bharatiya Janata Party's youth wing leader Akshit Agarwal, who alleged that Chaudhary, in a press conference organised in Sambhal, used derogatory words against the Prime Minister by stating that he had a love affair/homosexual relation with (Gautam) Adani.

As per the FIR lodged under Sections 153-A, 505(2), 504 IPC (Intentional insult with intent to provoke breach of the peace), the informant (Agarwal) has further stated that the Prime Minister is like a God to him as well as to the people associated with the BJP and due to the said derogatory statement of Chaudhary, the feelings of the people of his class and the members of Hindu organizations and many other religious organizations have been hurt.

Case title - Sachin Chaudhary vs. State Of UP And 2 Others,

Citation : 2023 LiveLaw (SC) 797

Click here to read the order