Allahabad: The Allahabad High Court on Friday granted interim protection from arrest to a man accused over a provocative Facebook post that allegedly labelled “government-recognised terrorists in saffron colour” and risked inciting communal tension in Saharanpur district.
A Division Bench of Justices Ajay Bhanot and Divesh Chandra Samant stayed steps to arrest petitioner Mushahid Gada after he told the court he had not posted the message and that his Facebook account had been hacked. The bench accepted Gada’s assertion that he would cooperate with investigators while the matter is being examined.
The First Information Report, lodged in July 2025 under Section 353(2) of the Bharatiya Nyaya Sanhita (BNS), says the post claimed “Government-recognised terrorists in saffron colour have created chaos everywhere” and could have provoked clashes in Manohar Pur village. Police say the content was likely to disturb communal harmony.
During proceedings, the Additional Government Advocate opposed Gada’s plea, describing the social-media content as hateful and potentially disruptive to public order. The court, noting the grievance’s sensitive nature, issued notice to the private respondent and directed the State to file a counter affidavit within four weeks for fuller consideration.
The bench ordered that Gada’s arrest remain stayed until the next hearing or until police file a report under Section 193 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), whichever comes first. The stay is interim and does not determine the merits of the underlying allegations.
The court made clear that the interim protection is conditional: Gada must cooperate fully with the investigation and appear before the police as required for recording his statement. If he fails to comply with a summons from the investigating agency, the protection will be vacated automatically and law-enforcement may take coercive action.
The case highlights continuing concerns over social-media posts and communal sensitivities in the region, and the court’s order ensures the petition will be heard after the State files its response.