NEW DELHI: The Supreme Court on Monday stayed coercive action against Kotdwar gym owner Mohammad Deepak in an FIR registered following a dispute with Bajrang Dal workers.
A bench headed by Justice Vikram Nath and Justice Sandeep Mehta also stayed the operation of the Uttarakhand High Court order restraining Deepak from posting any content about the incident on social media.
Deepak had approached the Supreme Court seeking quashing of the FIR. The court issued notice on his petition and granted the Uttarakhand government four weeks to file its counter.
Senior advocate Abhishek Manu Singhvi, appearing for Deepak, submitted that his client had intervened to pacify the situation after Bajrang Dal workers objected to a Muslim shopkeeper using the word “Baba” in his shop’s name.
Singhvi pointed out that Section 191 of the BNS, which deals with rioting, had initially been invoked against Deepak despite its essential ingredients not being made out. The charge was later dropped. Singhvi argued that the offences alleged against Deepak are punishable with less than seven years of jail and attract the principles laid down by the Supreme Court in Arnesh Kumar.