A Haridwar courtroom acquitted Jitendra Tyagi, also called Wasim Rizvi, within the 2021 Haridwar Dharam Sansad case, observing that “whereas hurting spiritual sentiments by way of spoken phrases could also be punishable underneath Part 298 IPC, it’s important that such phrases be uttered within the listening to or presence of the particular person allegedly offended.”
Chief Judicial Justice of the Peace Avinash Srivastava stated in his April 16 order, “For an offence underneath Part 153A of the IPC, it’s not adequate for only one particular person to really feel harm. Neither is inflicting offence a necessary ingredient of the offence underneath this part. Whereas hurting spiritual sentiments by way of spoken phrases could also be punishable underneath Part 298 IPC, it’s important that such phrases be uttered within the listening to or presence of the particular person allegedly offended — which isn’t the case right here.”
The courtroom stated the complainant himself admitted he had supplied the investigating officer with video footage acquired through social media, transferred from his cellphone to the alleged pen drive. “Messages circulated on social media are usually viral in nature and meant for public consumption. Subsequently, the video footage obtainable on the complainant’s cell can’t be thought of genuine proof underneath the class of digital information. It additionally can’t be dominated out that the content material shared with the complainant could have been tampered with by the sender,” the order stated.
The order additionally stated that the prosecution couldn’t entry the unique supply of the digital proof and relied solely on a video circulated on social media to file costs. “The prosecution didn’t study in courtroom any eyewitnesses who had been current on the Dharma Sansad held between December 17 and 19, 2021. Although plenty of police personnel and members of the general public had been seemingly current for safety and attendance, none had been produced as witnesses,” it acknowledged.
The courtroom additionally famous that “no spiritual rigidity occurred after the speech was made” as per the statements of witnesses throughout their cross-examination.
On January 2, 2022, an FIR was registered underneath IPC Sections 153A, 298 towards Tyagi and others and costs had been framed in Might that yr. The FIR alleged that Tyagi made objectionable feedback towards Islam and Prophet Muhammad throughout Dharam Sansad in Haridwar between December 17 and 19, 2021.
The occasion was organised by controversial priest Yati Narsinghanand, who in 2021 “transformed” Rizvi, a former chairman of the Uttar Pradesh Shia Waqf Board, to Hinduism. He first grew to become a member of the Shia Waqf Board in 2008, and served as its chairman 4 instances. In 2012, he was expelled from the SP for six years after falling out with Shia cleric Kalbe Jawwad, who accused him of siphoning off funds.
© The Indian Categorical Pvt Ltd