FIR filed for hate posts against son of accused
Dehradun, May 20 -- State government on Monday informed Uttarakhand high court that Nainital police lodged a first information report (FIR) against one Randeep Pokharia for allegedly making hate speech posts on social media against the son of the Nainital minor rape case accused in which the hashtag of high court had also been used.
On May 15, the court had directed Nainital superintendent of police PN Meena to investigate hate speech posts on social media against the son of the Nainital minor rape case accused in which the hashtag of high court has also been used. The divisional bench of chief justice G Narender and justice Alok Mahra was informed by CS Rawat, chief standing counsel (CSC), who represents the state government, during the hearing of the writ petition filed by Rizwan Khan, son of rape accused Mohammad Usman.
Kartikeya Hari Gupta, counsel of the petitioner said that the petitioner Rizwan Khan, who is additional assistant engineer in PWD Uttarakhand, had challenged punitive and stigmatic transfer order by which he has been transferred from PWD Construction Division Khatima to Temporary Division PWD Ghansali on administrative grounds.
Gupta said, "In last hearing we had pleaded before the court that the transfer order is in violation of Uttarakhand Transfer Act 2017.
The law mandates that before transfer on administrative grounds, there must be a due enquiry against the transferred employee, which was never done in this case.
We had also showed the court Facebook posts of hate speeches written against the petitioner and his family by pressure groups".
Gupta said after hearing the matter the Court had directed SSP Nainital to investigate the online hate speech posts in which hashtag (#)high court was also used.
On April 30, the police registered FIR and arrested the building contractor Mohammad Usman for the alleged rape of a 12-year-old girl in his car on April 12.
The FIR was registered under relevant sections of the Bharatiya Nyaya Sanhita (BNS) and Pocso Act at Mallital police station.
In the complaint, the survivor's mother alleged that the accused, who lives in their neighbourhood, raped the girl in his car by luring her with money on April 12. The minor girl lives with relatives in Nainital and her mother lives in Uttar Pradesh.
Hemchandra Pant, inspector at Mallital police station in Nainital said, "FIR has been registered against Randeep Pokharia under section 196 (1) (a) (promoting enmity between different groups on grounds of religion) and 353 (1) (C) of BNS (statements that incite violence or hatred between different groups).
A detailed investigation in the case is being done."
He added the FIR was filed based on a complaint of objectionable comments on Rizwan's transfer on social media....
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