Introduction:

The Allahabad High Court, in a recent development, stayed the criminal proceedings initiated against Varanasi-based fashion model Mamta Rai in a 2022 case. The case pertained to allegations of promoting enmity between different groups on religious and racial grounds and committing intentional insult by posting an image of herself offering flowers on a Shiva Linga with the caption “मैं काशी हूं (I am Kashi).” The image, which appeared on posters and banners across the city, depicted Rai welcoming people to Baba Vishwanath’s city during the Sawan festival. This prompted an FIR from Akhil Bhartiya Kshatriya Mahasabha leader Vikrant Singh, claiming it hurt religious sentiments. The police subsequently filed a chargesheet under Sections 504, 506, and 153A of the IPC, and a Fast-Track Court in Varanasi took cognizance of the case in 2023. Rai, represented by Advocate Mohak Agarwal, approached the High Court to challenge the chargesheet and proceedings, arguing that the legal provisions cited in the case were not applicable.

Arguments by the Petitioner:

Mamta Rai’s counsel argued that the allegations and legal provisions invoked in the case did not hold up under scrutiny. Advocate Mohak Agarwal contended that the essential ingredients of Sections 504 (intentional insult to provoke breach of peace), 506 (criminal intimidation), and 153A (promoting enmity between groups on religious grounds) of the IPC were not met. The counsel maintained that the image, accompanied by the caption “I am Kashi,” was not intended to provoke enmity or insult anyone. Instead, it was meant to represent a cultural message during the grand festival of Sawan.

Further, it was argued that the complainant, Vikrant Singh, who is an active member of the Bharatiya Janata Party (BJP), allegedly used his influence to register a false and frivolous FIR against Rai. Rai’s counsel stressed that merely alleging that someone’s religious sentiments were hurt after viewing a poster does not justify invoking Section 153A of the IPC. Additionally, it was argued that Rai’s fundamental rights under Articles 19 (freedom of speech and expression) and 21 (protection of life and personal liberty) of the Constitution of India were being violated by the baseless charges.

Arguments by the Respondent:

On behalf of Vikrant Singh, it was submitted that the image and caption on the posters were designed in a manner that could incite communal tension and hurt religious sentiments. Singh’s counsel argued that the portrayal of Rai alongside the Shiva Linga, coupled with the caption “I am Kashi,” was insensitive and disrespectful to religious beliefs. They claimed that such actions could disturb the communal harmony of Varanasi, a city of immense religious significance, and warranted legal action to maintain public order.

The respondents also defended the invocation of Sections 504, 506, and 153A of the IPC, stating that the content of the posters met the criteria for these provisions. They argued that Rai’s actions were not simply an exercise of her fundamental rights but amounted to a deliberate provocation intended to offend certain religious groups.

Court’s Judgment:

After hearing the arguments, Justice Dinesh Pathak of the Allahabad High Court observed that the matter required deeper consideration. The Court noted that for charges under Section 153A of the IPC, there must be tangible evidence of intent to promote enmity or disturb public harmony. Similarly, to attract Sections 504 and 506, there must be a clear demonstration of intent to provoke a breach of peace or criminal intimidation, which was not immediately evident from the facts of the case.

The Court acknowledged the petitioner’s argument that freedom of speech and expression is protected under Article 19 of the Constitution and noted the importance of balancing individual rights with maintaining public order. The bench also considered the claim that the complainant might have leveraged his political influence to file the FIR, potentially adding an element of mala fide intention to the case.

In its interim order, the Court stayed all further criminal proceedings against Mamta Rai until the next date of hearing, scheduled for February 28, 2025. The Court also issued a notice to the complainant, Vikrant Singh, seeking his response. Justice Pathak clarified that the stay did not reflect a final opinion on the merits of the case but was issued to ensure a fair and impartial examination of the issues involved.