Prayagraj: The Allahabad high court has granted interim protection and stayed the arrest of a student and member of the Cockroach Janata Party (CJP), who had challenged the FIR registered against him for allegedly recording and circulating a video on the condition of a govt primary school in Farrukhabad.Hearing a writ petition filed by CJP member Gaurav Bharti alias Gaurav Kumar, a bench of Justices Salil Kumar Rai and Padam Narain Mishra, in an order dated Sept 22, directed the state govt to file its response. All respondents were granted eight weeks’ time to file a counter-affidavit.The petitioner had challenged the FIR lodged on Aug 19 under sections 352 (intentional insult with intent to provoke breach of peace) and 353 (aims to prevent the spread of false or provocative statements that could lead to public disorder, unrest or communal tensions) of the Bhartiya Nyaya Sanhita (BNS) and section 66 of the Information Technology Act, 2000 at Nawabganj police station.The petitioner had also sought protection from arrest and consequential criminal proceedings, arguing that the FIR, even if its allegations are accepted at face value, does not disclose the essential ingredients of the offences invoked.According to the petition, the controversy began on Aug 16, when the petitioner allegedly entered the premises of a govt primary school at Karanpur Majra Basmal, Farrukhabad, and recorded a video concerning its condition. The petition states that school was closed that day and that the video showed disused/dilapidated building, with a cross mark allegedly shown on a structure depicted as in use.The petitioner also pointed out in the video that water had accumulated in the school, leaving children with no place to sit and resulting in holidays being given to them. The petitioner’s case is that the video was made and published in good faith to highlight the condition of a public educational institution and matters concerning the welfare and facilities of children.
