The Supreme Court on Monday stayed the first information report (FIR) against Dehradun gym owner Deepak Kumar, who had confronted alleged Bajrang Dal members over the harassment of an elderly Muslim shopkeeper in Uttarakhand in January, Live Law reported.
The bench also stayed a March order of the Uttarakhand High Court that had restrained Kumar from commenting on social media about the case.
The Supreme Court issued notice on Kumar’s petition challenging the High Court’s refusal to quash the FIR registered against him.
The incident took place on January 26 when alleged Bajrang Dal members arrived at the shop of an elderly Muslim man, Vakeel Ahmed, in Uttarakhand’s Pauri Garhwal district. They objected to Ahmed using the word “Baba” in the name of his establishment.
Kumar and another Hindu man, Vijay Rawat, objected to the group’s actions. The two were subsequently asked not to intervene.
An FIR was registered against Kumar and Rawat in late January based on a complaint filed by two persons who are members of the Bajrang Dal and the Vishva Hindu Parishad (VHP). The FIR invoked charges related to rioting, causing hurt and intentional insult with intent to provoke a breach of peace.
The Bajrang Dal and the VHP are part of a group of Hindutva organisations led by the Rashtriya Swayamsevak Sangh (RSS), the parent organisation of the ruling Bharatiya Janata Party (BJP).
In their complaint, the members of the Hindutva groups alleged that Kumar and Rawat had stolen their watches and money and shouted casteist abuses at them.
Subsequently, a group of around 40 people gathered near Kumar’s gym and raised slogans against him. The protesters also blocked a national highway.
Kumar filed a complaint against those who had gathered outside his gym. However, police registered a case based on a complaint by an officer against unidentified persons in connection with the protests.
On Monday, senior advocate Abhishek Manu Singhvi, appearing for Kumar, questioned how a “good Samaritan” could be subjected to such a complaint, Live Law reported.
A video of the January 26 incident was later widely circulated on social media. In the video, Kumar is seen asking the group why other shops were allowed to use the word “Baba” while Ahmed’s shop was not. He also said that the shop had been operating for more than 30 years and questioned why its name should be changed.
When asked his name, Kumar replied, “My name is Mohammad Deepak.” He later explained that he had intended to convey that he was an Indian and that everyone was equal before the law.
Kumar subsequently posted another video on social media in which he said: “I am neither a Hindu, neither a Muslim, neither a Sikh, nor a Christian. First and foremost, I am a human being. Because after I die, I have to answer to God and to humanity, not to any religion.”
He added that no one, whether Hindu or Muslim, should be targeted because of their religion.