Introduction
In a legal development involving the Cockroach Janta Party (CJP), activist Gaurav Bharti has approached the Allahabad High Court to seek the dismissal of a criminal case filed against him. The case pertains to a video he created about the deteriorating condition of a government school in Farrukhabad, Uttar Pradesh. The hearing is scheduled for September 21.
Background
Gaurav Bharti, a 22-year-old member of the CJP, was actively involved in the party’s ‘School Thik Karo’ campaign, which aims to spotlight and address issues in educational institutions. On August 16, Bharti visited a primary government school and documented its poor state through a video, despite the school being closed that day.
Incident Details
Bharti revisited the school the following day, accompanied by an unidentified individual allegedly under the influence of alcohol, who reportedly behaved inappropriately with the teaching staff. Subsequently, a teacher lodged a complaint, accusing Bharti of tarnishing the school’s reputation, leading to his being booked by the police.
Legal Arguments
In his plea, Bharti contends that the allegations do not meet the legal criteria required to substantiate charges of intentional insult or public mischief. According to the plea, the complaint fails to demonstrate the statutory elements necessary for invoking Sections 352 or 353 of the Indian Penal Code or Section 66 of the Information Technology Act.
The plea further argues that the FIR could adversely impact Bharti’s future, considering his status as an undergraduate student. It emphasizes that the complaint does not accuse Bharti of assault, use of criminal force, issuing threats, inflicting physical injury, obstructing teachers, damaging property, or any acts of violence. The complaint merely notes that the teachers, feeling disturbed, contacted the police helpline.
Legal Representation
Representing Gaurav Bharti in this legal endeavor are Advocates Shashwat Anand, Ankur Azad, Saumitra Anand, and Shashank Tiwari, who will present arguments in the Allahabad High Court.
