No case is made out, says HC, stays Raman toolkit FIR, probe
In this post, we will discuss about the toolkit case in which the High Court stays the FIR probe of Raman’s Toolkit case.
Facts of the case: On May 19, an FIR was registered at Civil Lines station of the state capital against ex-CM Raman Singh, BJP’s national spokesperson Sambit Patra and others for allegedly spreading fake news and “promoting enmity between classes”, in the toolkit row. The complaint filed by National Students’ Union of India (NSUI) Chhattisgarh chief, Akash Sharma, had registered a case under sections 504, 505 (1) b, c, 469 and 188 of the Indian Penal Code. Singh and Patra filed a writ petition with the Chhattisgarh High Court against the FIR seeking relief over the FIR lodged against them.
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Legal Issue: A FIR was registered against ex-CM Raman Singh, BJP’s national spokesperson Sambit Patra and others for allegedly spreading fake news and “promoting enmity between classes”, in the toolkit row. The complaint filed by National Students’ Union of India (NSUI) Chhattisgarh chief, Akash Sharma, had registered a case under sections 504, 505 (1) b, c, 469 and 188 of the Indian Penal Code.
Legal Opinion: As per Legal Opinion in the matter of hearing of the petition on June 11, The High Court in its separate orders stated that If we see the face value of the FIR no offence under Sections 504, 505(1)(b) and 505(1)(c) of IPC is made out as the averments of the FIR reflect that by the Tweet of the petitioner, Congressmen are aggravated which clearly indicates that no public peace or tranquility is being adversely affected and it is purely political rivalry between two political parties. This, prima facie, establishes that present FIR has been registered with political motives. Considering the facts of the case and from perusal of FIR, prima facie, no case is made out against the petitioner and criminal proceedings is manifestly attended against the petitioner with malafides or with political grudge. The order further stated that considering overall the facts and circumstances of the case, the petitioner has made out strong case for grant of stay, as continuation of investigation on basis of FIR will be nothing but an abuse of process of law.
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Decision of the court: The Chhattisgarh High Court on Monday stayed the investigation of the FIR lodged against former chief minister Raman Singh and BJP spokesperson Sambit Patra by Raipur police in the alleged ‘fake toolkit case’ and sought a reply from the state government in the next three weeks.
Conclusion: As per the facts of the case, during the hearing on the petition on June 11, senior lawyers Mahesh Jethmalani, Ajay Burman and other counsels appeared for Singh and Patra while senior lawyer Abhishek Manu Singhvi and state’s Advocate General Satish Chandra Verma argued for the state. After hearing, the High Court on June 11 sought a reply on the issue from the state government within three weeks and reserved its order over grant of interim relief. The order was delivered on Monday. The High Court said further investigation on the FIR shall remain stayed till the next hearing.
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