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Grants to CJP Member in School Video FIR
In a significant , the on Monday stayed the arrest of Gaurav Bharti, a student and member of the , who was booked by for allegedly recording and circulating a video showing the dilapidated condition of a government primary school in Farrukhabad. A Division Bench of Justice Salil Kumar Rai and Justice Padam Narain Mishra granted while seeking the state government’s response to the petition challenging the FIR lodged under Sections 352 and 353 of the (BNS) and .
The Court directed all respondents to file within eight weeks, effectively putting the petitioner’s arrest on hold until the next hearing. The order, passed on , comes as a reprieve for the petitioner, who argued that the FIR, even if taken at face value, does not disclose the of the offences invoked.
Background: The Video and the FIR
The controversy began on , when Gaurav Bharti entered the premises of the Government Primary School at Karanpur Majra Basmal in Farrukhabad. According to his petition, the school was closed that day. He recorded a video showing what he described as a “disused/dilapidated” building, with a cross mark allegedly shown on a structure depicted as in use. The video also highlighted water accumulation inside the school, which he claimed left children with no place to sit and led to holidays being declared.
Bharti, who has a substantial social media following — approximately 2.5 lakh Instagram followers and 1.5 lakh Facebook followers — published the video online, stating that he acted “in ” to draw attention to the condition of a public educational institution and the welfare of children.
On , a complaint was filed at , leading to the registration of an FIR under Sections 352 (intentional insult with intent to provoke breach of peace) and 353 (statements conducing to ) of the BNS, along with Section 66 of the IT Act (computer-related offences). The FIR alleged that Bharti had illegally prepared the video and misrepresented the condition of the school. It further claimed that he visited the school with an unidentified person who was allegedly under the influence of liquor and spoke “अनर्गल बातें” (useless talks) to the teachers.
The Challenge: Lack of Ingredients and Abuse of Process
Represented by Advocates , , and , Bharti moved the High Court seeking and , as well as protection from arrest. The petition made several key arguments:
On Section 66 of the IT Act: The petition described the invocation as “,” noting that the FIR contains no allegation of unauthorized access, copying or extraction of computer data, introduction of a computer contaminant, damage or disruption to a computer system, deletion or alteration of information, or any other act contemplated under . Merely recording a physical school building and circulating the resulting video on social media does not, by itself, constitute a computer-related offence, the petition argued.
On Section 353 BNS: The provision deals with statements conducing to . The petition pointed out that the FIR does not allege that the video was intended or likely to cause fear or alarm to members of the Armed Forces, or to incite a class or community to commit an offence against another, or to promote enmity between groups. The only alleged consequence, according to the petition, is that the “image of that school was damaged” — a that does not satisfy the required under Section 353.
On Section 352 BNS: The FIR merely uses the phrase “अनर्गल बातें” without reproducing the actual words allegedly spoken, nor does it establish the or knowledge that such words would provoke a person to break public peace or commit an offence. The petition argued that without specific words and context, the of the offence are missing.
Free Speech and
Central to the petitioner’s case is the argument that recording and communicating observations about the condition of a government primary school is a matter of legitimate . The petition invoked the to under , asserting that this right includes the right to communicate views and information on matters of , subject only to .
Relying on judgments on free speech, the petitioner contended that continuing an FIR where the of the offences are absent would amount to “an .” The petition sought and all , emphasizing that the video was made and published in .
Court’s Order and What It Means
The Division Bench, while not expressing any final view on the merits of the case, found it appropriate to grant by staying the petitioner’s arrest. The court directed the state government to file its response, giving all respondents eight weeks to submit . The next hearing date was not reported.
The order is a preliminary step, and the allegations in the FIR remain untested. The state’s version is contained in the FIR, and the court has yet to examine it fully. However, the fact that the court saw fit to stay the arrest suggests that the petitioner’s arguments regarding the lack of may have merit.
Legal Implications and Broader Impact
This case touches on several important legal questions that resonate beyond the facts of the incident:
Scope of Section 66 IT Act: The petition’s challenge highlights the potential misuse of computer-related offences to target social media activity that involves nothing more than recording and posting real-world conditions. If the court ultimately quashes the FIR on this ground, it could set a precedent limiting the application of Section 66 to genuine cybercrimes involving unauthorized access or data tampering.
Statements Conducing to : Section 353 BNS is a provision designed to prevent false or provocative statements that could lead to public disorder. The petitioner’s argument that damage to a school’s image does not meet the statutory threshold raises an important interpretative issue. The court’s decision could clarify the scope of this section, particularly in cases involving criticism of government institutions.
Balancing Free Speech and Reputation: The case underscores the tension between the right to expose public inadequacies and the state’s interest in protecting the reputation of its institutions. The petitioner’s reliance on Article 19(1)(a) and the “” defense may influence how courts weigh such factors in future FIR quashing petitions.
Social Media Activism: With the petitioner having a large online following, the case also highlights the risks faced by citizen journalists and activists who use social media to document public issues. The court’s willingness to grant sends a signal that such activism, when carried out in , may be protected from hasty criminal proceedings.
Conclusion
The ’s staying the arrest of Gaurav Bharti is a notable development in the ongoing debate over the use of criminal law to regulate online content. While the case is far from resolved, the court’s decision to examine the FIR’s ingredients before allowing reflects a careful approach to . Legal professionals will be watching closely as the state’s response and the court’s final ruling could shape the contours of free speech, social media accountability, and the misuse of criminal provisions in the digital age.
The matter is now pending further hearing, and the state government has been given time to file its counter-affidavit. Until then, the petitioner remains protected from arrest, and the court will continue to assess whether the FIR discloses the offences it alleges.
