Supreme Court stays proceedings against gym owner ‘Mohammad’ Deepak Kumar in rioting case

The Supreme Court also put on hold the Uttarakhand HC’s social media restriction in a case linked to the Bajrang Dal dispute.

Dehradun-based gym owner “Mohammad” Deepak KumarDehradun-based gym owner “Mohammad” Deepak Kumar. (Source: File)

The Supreme Court Monday stayed the proceedings against Dehradun-based gym owner “Mohammad” Deepak Kumar, who was accused of rioting allegedly following a dispute with Bajrang Dal workers over the name of a shop.

A bench of Justices Vikram Nath and Sandeep Mehta also stayed the March 20 Uttarakhand High Court order restraining him from making social media posts about the incident and the case.

Appearing for Kumar, Senior Advocate A M Singhvi argued that the charge of rioting was not applicable to his client. He submitted that Deepak had intervened only after Bajrang Dal members questioned a Muslim shopkeeper over the use of the term “Baba” in the name of his shop.

Singhvi also pointed out that the incident took place on Republic Day and that a video of it subsequently went viral on social media. “How can a Good Samaritan be subjected to this kind of a complaint?” Singhvi asked.

He added that the high court direction restraining him from posting on social media amounted to a “blanket gag order”. He said that although Kumar had also lodged complaints, no action was taken, but proceedings were initiated on a complaint against him.

What Uttarakhand High Court said

In his plea before the Uttarakhand High Court, Kumar said the police failed to take action despite evidence, including videos and details of the accused.

The high court said in its order that it “hopes and trusts that the investigation agency will conduct and conclude the investigation in a fair and transparent manner.”

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“The petitioners should cooperate with the investigation, and till the investigation is completed, they should not indulge in sending messages or videos with regard to the incident. This is essential for a fair and transparent investigation. If someone indulges in sending messages or videos on social media, this will affect the investigation”.

The high court dismissed Deepak’s prayers seeking police protection, lodging an FIR against the accused who assembled in front of his gym on January 31, and a departmental inquiry against erring officials. It said these constitutional reliefs are an attempt to “sensationalise” the issue and frustrate the ongoing investigation of the impugned FIR.

Deepak has said he stood up to a group of men who were harassing a 70-year-old Muslim shopkeeper to drop the word “Baba” from his shop’s name on January 26. Five days later, members of the Bajrang Dal gathered to confront Deepak, but were restrained by the police.

Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 26 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with the daily newspaper, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More

 

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