Bhim Army Leader Gets Interim Relief from Arrest in 'Moorkhmantri' Remark Case

Cause Title: Sudhir Aryan vs. State of Uttar Pradesh

Background

The Allahabad High Court has granted interim protection from arrest to a Bhim Army leader booked for allegedly referring to Uttar Pradesh Chief Minister Yogi Adityanath as “Moorkhmantri” in a post shared on social media.

The relief was granted by a Division Bench of Justice Rajeev Misra and Justice Padam Narain Mishra while hearing a petition filed by Sudhir Aryan, an office-bearer of the Bhim Army Bharat Ekta Mission from the Bareilly region, challenging the FIR registered against him.

Court's Observation

The case stems from a post made on X, formerly known as Twitter, in which Aryan allegedly questioned whether Yogi Adityanath was a “Chief Minister or Moorkhmantri.” Based on the post, an FIR was lodged against him under Section 353(2) of the Bharatiya Nyaya Sanhita (BNS), dealing with statements allegedly capable of causing public mischief.

Decision

Counsel appearing for Aryan argued before the Court that the allegations, even if accepted in entirety, did not disclose the commission of any cognisable offence. It was contended that the statement amounted to criticism or political expression protected under the constitutional guarantee of free speech and did not constitute an attack on the personal character of the Chief Minister.

The State opposed the plea and maintained that the allegations warranted investigation under the applicable penal provisions. However, after considering the submissions advanced by both sides, the High Court directed that no coercive action be taken against the petitioner until further orders.

Key Points

• The High Court granted interim protection from arrest to the Bhim Army leader.
• The case involves a post on social media where the leader allegedly referred to the Chief Minister as “Moorkhmantri”.
• The FIR was lodged under Section 353(2) of the Bharatiya Nyaya Sanhita (BNS).
• The Court has issued notice to the State authorities and the complainant seeking their response in the matter.

Significance

The case highlights the importance of free speech and the limits of criticism or political expression in India. The Court's decision to grant interim relief from arrest to the Bhim Army leader suggests that the judiciary is cautious in its approach to such cases, ensuring that the rights of individuals are protected while also maintaining public order.