2 months ago
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Uttarakhand High Court connected Thursday (March 19, 2026) questioned the petition filed by a Kotdwar-based gym owner, ‘Mohammad’ Deepak, seeking constabulary information amid alleged menace to his beingness and said that “an accused” seeking constabulary extortion portion probe is on-going was “wholly unwarranted” and indicative of an effort to power the probe.
A azygous justice Bench of Justice Rakesh Thapliyal made these oral observations portion proceeding a writ petition seeking quashing of an FIR lodged against Mr. Deepak connected the ailment of members of a right-wing radical who accused Mr. Deepak of rioting and disturbing nationalist order.
In his plea, Mr. Deepak besides requested for constabulary extortion and sought registration of an FIR against alleged perpetrators of hatred speech, and a departmental enquiry against constabulary officials for purportedly partisan conduct.
Questioning the maintainability of the petitioner’s further prayers nether Article 226, the Bench said that helium could person approached the magistrate for registration of FIR against hatred speech.
“Instead of availing that remedy, filing a petition for registration is wholly unwarranted, peculiarly erstwhile the idiosyncratic seeking it is himself an accused,” the Court said.
The Court asked astir the “extent of menace cognition connected the petitioner” from the counsel for the authorities connected which the aforesaid has responded that the investigating serviceman had reported nary menace cognition to Mr. Deepak.
Taking enactment of this, the Bench questioned the rationale down petition for extortion and noted that the petitioner’s presumption remained that of a “suspected accused”.
Advocate Navnish Negi, who represented Mr. Deepak argued that his lawsuit had been facing threats and that a assemblage had gathered extracurricular his residence and gym, creating apprehension for his safety. To this the tribunal said that thing happened to his lawsuit since January 26, 2026.
“First incidental happened connected January 26… past 2nd took spot connected January 31. February has passed, fractional of March is over. Anyone has touched your lawsuit truthful far,” the Court questioned.
Justice Thapliyal added that constabulary is much cautious for the information to Mr. Deepak arsenic helium is an accused successful different FIR and constabulary has to analyse the substance and record a complaint sheet.
The Bench besides took superior enactment of the supplication seeking a departmental enquiry against constabulary officials, stating that specified allegations were unsupported by grounds and could interfere with pending investigations.
It besides expressed displeasure implicit drafting of the petition and cautioned the counsel against including aggregate reliefs that could “sensationalise” the contented and indicated that the aforesaid could beryllium dismissed connected this ground.
During the proceedings, the State informed the Court that 2 FIRs had already been registered connected the ground of the petitioner’s complaints. The petitioner’s counsel sought clip to verify these facts, and the tribunal granted clip until the adjacent day.
Mr. Deepak drew nationalist attraction aft helium confronted a radical of right-wing activists accused of harassing a 71-year-old Muslim store proprietor and pressuring him to rename his store. The occurrence occurred connected Republic Day successful Kotdwar. A video of the confrontation aboriginal went viral, peculiarly for the infinitesimal erstwhile helium identified himself arsenic “Mera naam Mohammad Deepak”.
In the aftermath, Mr. Deepak reported receiving threats, and connected January 31, 2026, a radical gathered extracurricular his gym successful protest. The constabulary registered 3 FIRs successful transportation with the episode, 1 among which is lodged against Mr. Deepak. The incidental besides led to an outpouring of enactment for Mr. Deepak from crossed the country, though helium stated that his concern suffered arsenic gym memberships declined pursuing his intervention.
