Gym-owner 'Mohammed' Deepak gets relief in Bajrang Dal confrontation case
What's the story
The Supreme Court has stayed proceedings on an FIR against Dehradun gym owner "Mohammed" Deepak Kumar, who went viral for standing up for a Muslim shopkeeper during a confrontation with Bajrang Dal members in Uttarakhand. The court also stayed a High Court order that had barred Kumar from making social media posts about the incident. A bench of Justice Vikram Nath and Justice Sandeep Mehta passed the interim order and issued a notice to respondents in Kumar's petition.
Legal proceedings
HC's order on Kumar challenged
The petitioner had challenged the High Court's decision not to quash the FIR against him.
Senior Advocate Abhishek Manu Singhvi, representing Kumar, argued that he only intervened after Bajrang Dal members objected to a Muslim shopkeeper using "Baba" in his shop name.
When the mob confronted Deepak and asked his name, he replied, "Mohammed Deepak." The footage of the incident, which occurred on Republic Day, had gone viral on social media.
Incident details
Kumar intervened to help shopkeeper, claims Singhvi
Singhvi said Kumar intervened to help the shopkeeper after the incident.
He said Kumar himself filed several complaints about the incident but no action was taken, while an FIR was registered against him.
"How can a good samaritan be subjected to this kind of a complaint?" Singhvi asked in court.
Legal arguments
Supreme Court principles invoked in case
Singhvi also challenged the High Court's reasoning in its order.
He said a rioting-related charge was dropped as its ingredients weren't made out, but another provision was added later.
He also raised concerns over the high court's direction restraining Kumar from posting about the incident on social media.
Singhvi argued this was a "blanket gag order" instead of relief to his client.
Court decision
High Court refused to quash FIR
The Uttarakhand High Court had refused to quash the FIR filed against Kumar based on a complaint by right-wing activists in March.
"The petitioner has a right to challenge FIR, but as pointed out by the State, as all offenses carry less than seven-year sentence, thus investigating agency is under legal obligation to follow Supreme Court guidelines....Petitioners are also directed to cooperate and not indulge on social media," it said.