The Uttarakhand High Court on Friday (20 March) restrained a gym owner, Deepak Kumar, from making any comments on social media regarding an ongoing criminal investigation tied to a January incident involving alleged harassment of a Muslim shopkeeper.
Background of the Case
The case stems from an incident on January 26, when Kumar confronted a group of right-wing activists who were pressuring a Muslim shopkeeper to remove the word “Baba” from his shop’s name. The situation escalated, and Kumar later faced an FIR based on a complaint filed by the activists.
Kumar approached the High Court seeking quashing of the FIR and other reliefs, including protection from alleged threats and action against certain police officials.
Justice Rakesh Thapliyal expressed concern over Kumar’s conduct during the investigation, particularly his activity on social media.
“The petitioners are directed to cooperate with the investigation and not to indulge unnecessarily on social media platforms so that investigation is not affected,” the Bench observed.
The Court noted the State’s submission that Kumar had not been cooperating fully and was instead “busy on social media.” It cautioned that such public commentary could interfere with a fair probe.
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In a firm remark, the judge said,
“Don’t sensationalise the matter… I will restrain you from giving any statement on social media. It is my strict direction.”
The Bench also emphasized that as a citizen, Kumar must abide by the law and trust the investigative process.
The Court declined to quash the FIR against Kumar and allowed the police investigation to continue. It directed the investigating agency to follow the safeguards laid down by the Supreme Court in Arnesh Kumar guidelines for offences punishable up to seven years.
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Additionally, the Court dismissed Kumar’s plea for police protection and a departmental inquiry against police officers, calling such requests “wholly unwarranted” at this stage.
“The petitioners have to cooperate with the investigation agency and not create any problem,” the Court reiterated, warning against sharing messages or videos related to the incident online.
