‘Made posts out of frustration’: Petitioner wants FIR quashed

According to the oral submissions made by advocate Mehul Mehta, representing petitioner Kapilkumar Parmar, the accused was “jobless” during the lockdown and had tested positive for Covid-19 in the same duration.

The Gujarat High Court on Wednesday issued notice to the state government in a petition moved by a ‘BJP karyakar’ photographer seeking quashing of an FIR lodged by the cyber crime police station in Ahmedabad against him for making objectionable posts against political leaders and ruling party in the state during Covid-19.

According to the oral submissions made by advocate Mehul Mehta, representing petitioner Kapilkumar Parmar, the accused was “jobless” during the lockdown and had tested positive for Covid-19 in the same duration.

“He was not able to get any kind of medical help from the concerned Sangathan and (political) party… he was not able to get the help of 108, or admission in the hospital for his medical treatment… Practically saying, he was active karyakar of BJP, not a member or holding any post… he used to remain present in functions of BJP… and when he got ill, he was seriously impacted with the coronavirus and he was frustrated. During that period, he posted all this (objectionable posts) on social media,” Mehta submitted on August 4 during the course of hearing.

The notice has been kept returnable for September 13.

The FIR dated April 29 had booked Parmar for the offences pertaining to IPC sections 500 (defamation), 505 (1) (intent to incite), 506 (1) (punishment for criminal intimidation) as well as under provisions of the Disaster Management Act.

The alleged abusive posts on Facebook were posted between April 27 and 28 and the complaint was registered by a police employee, as per the FIR. The alleged objectionable posts were made against Prime Minister Narendra Modi, Union Home Minister Amit Shah, Gujarat Chief Minister Vijay Rupani and Deputy Chief Minister Nitin Patel, and the alleged “objectionable post in the Facebook led to spreading of rumours and creating environment fear leading to disturbance in public peace,” as was recorded in the order passed by Justice Gita Gopi.

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