By Aiswarya Raj
A Haridwar court acquitted Jitendra Tyagi, also known as Wasim Rizvi, in the 2021 Haridwar Dharam Sansad case, observing that “while hurting religious sentiments through spoken words may be punishable under Section 298 IPC, it is essential that such words be uttered in the hearing or presence of the person allegedly offended.”
Chief Judicial Magistrate Avinash Srivastava said in his April 16 order, “For an offence under Section 153A of the IPC, it is not sufficient for just one individual to feel hurt. Nor is causing offence an essential ingredient of the offence under this section. While hurting religious sentiments through spoken words may be punishable under Section 298 IPC, it is essential that such words be uttered in the hearing or presence of the person allegedly offended — which is not the case here.”
The court said the complainant himself admitted he had provided the investigating officer with video footage received via social media, transferred from his phone to the alleged pen drive. “Messages circulated on social media are generally viral in nature and meant for public consumption. Therefore, the video footage available on the complainant’s mobile cannot be considered authentic evidence under the category of electronic records. It also cannot be ruled out that the content shared with the complainant may have been tampered with by the sender,” the order said.
The order also said that the prosecution could not access the original source of the electronic evidence and relied solely on a video circulated on social media to file charges. “The prosecution did not examine in court any eyewitnesses who were present at the Dharma Sansad held between December 17 and 19, 2021. Though a number of police personnel and members of the public were likely present for security and attendance, none were produced as witnesses,” it stated.
The court also noted that “no religious tension occurred after the speech was made” as per the statements of witnesses during their cross-examination.
On January 2, 2022, an FIR was registered under IPC Sections 153A, 298 against Tyagi and others and charges were framed in May that year. The FIR alleged that Tyagi made objectionable comments against Islam and Prophet Muhammad during Dharam Sansad in Haridwar between December 17 and 19, 2021.
The event was organised by controversial priest Yati Narsinghanand, who in 2021 “converted” Rizvi, a former chairman of the Uttar Pradesh Shia Waqf Board, to Hinduism. He first became a member of the Shia Waqf Board in 2008, and served as its chairman four times. In 2012, he was expelled from the SP for six years after falling out with Shia cleric Kalbe Jawwad, who accused him of siphoning off funds.
This story was originally published in indianexpress.com. Read the full story here.