2020 (11) TMI 987 - HC - Indian Laws

Seeking ad-interim protection - Sections 153A, 295A, 124A read with Section 34 of the Indian Penal Code - HELD THAT - The ad-interim protection deserves to be granted till further orders. Accordingly by way of ad-interim relief, we direct the respondent No.1 not to take any coercive action/steps including arrest against the applicants until further orders.

Summary

Issues involved:
1. Ad-interim protection against coercive action
2. Requirement of full text of FIR for effective adjudication
3. Restraint from making statements on social media

Ad-interim protection against coercive action:
The applicants, under investigation in a criminal case, sought ad-interim protection from coercive action. The Court, after considering arguments from both sides, granted ad-interim relief directing the 1st respondent not to take any coercive action, including arrest, against the applicants until further orders. This decision was made despite the opposition from the counsel for the 2nd respondent, who highlighted the non-compliance of three summons by the applicants.

Requirement of full text of FIR for effective adjudication:
The counsel for the 2nd respondent raised a crucial point regarding the absence of the full text of the First Information Report (FIR) on record, which could hinder the effective adjudication of the application. The Court acknowledged this concern and deferred the hearing, instructing the applicants to provide the full text of the FIR. The Public Prosecutor assured that the full text of the FIR would be supplied to the applicants' counsel by a specified date, which would then be shared with the Court and the counsel for the 2nd respondent.

Restraint from making statements on social media:
During the proceedings, the counsel for the 2nd respondent requested the Court to restrain the applicants from making any statements on social media or electronic platforms regarding the subject FIR, considering the sensitivity of the matter. In response, the applicants' counsel assured that no comments would be made on social or electronic media concerning the FIR. The Court accepted this statement, emphasizing the importance of parties acting in accordance with the order and refraining from making any public statements.

This detailed analysis of the judgment highlights the key issues addressed by the Bombay High Court, emphasizing the importance of procedural requirements, protection against coercive actions, and the need for parties to act responsibly in legal matters.