The Rajasthan High Court in the case Vikram Singh v. State Of Rajasthan, Through Principal Secretary & Ors observed and has granted the protection from arrest to an Advocate’s clerk, who forwarded a WhatsApp message stating that “religious war has started, in Udaipur, bravo finish the pigs.
The petition is filled by the petitioner, seeking for quashing of an First Information Report (FIR) registered on information of respondent-Nadim Kadir for offences punishable under Sections 295A and 153A of the Indian penal Code, 1860. The petitioner further sought for protection of his life and liberty.
The counsel appearing for the petitioner submitted that the aforesaid message was a “forwarded” message and by mistake and it was it was sent to a group of “advocate’s clerk”. Further, the counsel added that the petitioner deleted the message, pleaded sorry and asked for pardon. The counsel submitted that nothing happened due to the aforesaid WhatsApp message and hence, the offences alleged are not made out.
The bench comprising of Justice Birendra Kumar observed that in the aforesaid FIR, the petitioner shall not be interested till further order with condition that petitioner shall fully cooperate with the investigation of the case, in the meantime.
The Court further directed the state-respondents to ensure protection to the life and liberty of the petitioner and the petitioner family which cannot be at stake otherwise than the due procedure established by law.
The counsel appearing for the petitioner, Advocates Deepak Chauhan and Bhuwnesh Kumar Sharma and the counsel appearing for the respondent, PP Chandragupt Chopra.