Rajasthan HC stays FIR against BJP IT department Chief Amit Malviya

THE Rajasthan High Court on Wednesday stayed a First Information Report (FIR) against Bharatiya Janata Party’s (BJP) IT department Chief Amit Malviya for his tweet allegedly mocking the Congress leader Rahul Gandhi.

In his tweet, Malviya said: “Sonia Gandhi claims Bhilwara tested 22 lakh people due to Rahul’s warning! Wherever there is Rahul (Gandhi), an exaggeration and maths blunder be behind?”

Malviya told the court that he had only re-tweeted the contents of the article/news made in the Magazine ‘The Print’. He further submitted that no offence in the circumstance was made out against him.

Public Prosecutor (PP) appearing for the Rajasthan Government sought more time to file the reply to the petition seeking quashing of the FIR.

Justice Vinit Kumar Mathur allowed the time sought for by the PP while ordering that in the meanwhile the effect and operation of the FIR No.216/2020 registered with Police Station Hanumangarh Town, Hanumangarh along with entire proceedings against the petitioner shall remain stayed.

Yesterday, Justice Pushpendra Singh Bhati had stayed the same FIR against BJP President J P Nadda after noting that prima facie Nadda had no role in tweeting the information in question. The tweet was apparently from the private tweeting handle of Amit Malviya, and therefore, no role at this stage seems to be made out against the Nadda.

Nadda had told the court that tweet has been made from the private account of Amit Malviya and not from the official handle of the organization being headed by him.

 

 

Read the Rajasthan HC order in JP Nadda’s petition here: 

[pdfviewer]http://theleaflet.in/wp-content/uploads/2020/05/205400012312020_1.pdf[/pdfviewer]

Read the Rajasthan HC order in Amit Malviya’s petition here: 

[pdfviewer]http://theleaflet.in/wp-content/uploads/2020/05/205400012262020_1.pdf[/pdfviewer]