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SC Stays FIR Proceedings Against Gym Owner Who Intervened In Uttarakhand Muslim Shopkeeper Row

OMMCOM NEWS by OMMCOM NEWS
August 31, 2026
in Business

New Delhi: The Supreme Court on Monday stayed proceedings arising from an FIR registered against Dehradun gym owner Deepak Kumar alias Akki in connection with an incident involving a Muslim shopkeeper, and also stayed the operation of an Uttarakhand High Court order restraining him from posting videos or messages related to the incident on social media.

A bench of Justices Vikram Nath and Sandeep Mehta passed the interim order while hearing a special leave petition (SLP) filed by Deepak Kumar against the FIR registered by the Uttarakhand Police.

The apex court issued notice to the respondent authorities, returnable in four weeks, and directed that proceedings pursuant to the impugned FIR shall remain stayed in the meantime.

The Supreme Court also stayed the effect and operation of the Uttarakhand High Court order to the extent it restrained Deepak from making social media posts concerning the incidents of January 26 and January 31, 2026.

Senior advocate Abhishek Manu Singhvi, appearing for Deepak, submitted that his client had intervened after some Bajrang Dal members allegedly objected to a Muslim shopkeeper using the word “Baba” in the name of his shop.

According to Singhvi, when Deepak was confronted and asked his name, he replied: “Mohammed Deepak”.

The incident, which took place on Republic Day, was recorded on video and subsequently went viral on social media. Singhvi argued that Deepak had himself lodged complaints regarding the incident, but no action was taken on those complaints, while an FIR was subsequently registered against him. He also argued that a rioting charge under Section 191 of the Bharatiya Nyaya Sanhita (BNS) had initially been invoked against the petitioner despite the essential ingredients not being made out, and was subsequently dropped.

Singhvi further submitted that instead of granting relief to the petitioner, the High Court had imposed a “blanket gag order” restraining him from posting material about the incident on social media.

The proceedings before the Supreme Court arise from an earlier writ petition filed by Deepak Kumar and another petitioner before the Uttarakhand High Court.

In its March 20, 2026 order, the High Court had declined to quash the FIR at that stage, observing that all the offences were punishable with less than seven years’ imprisonment and directing the investigating officer to follow the guidelines laid down by the Supreme Court in the Arnesh Kumar v. State of Bihar judgment. It noted that notices under Section 35(3) of the BNSS had already been issued to 20 persons in connection with the incidents of January 26 and January 31.

The High Court had also recorded that two subsequent FIRs — FIR No. 0025 of 2026 dated February 8 and FIR No. 0028 of 2026 dated February 11 — had been registered on the complaint of Deepak.

The Uttarakhand government had opposed the plea, contending that the petitioners had suppressed the fact that they had earlier been provided police protection from February 3 to March 13, 2026. It also said a police picket had been deployed near Deepak’s gym. It further claimed before the High Court that the petitioners were repeatedly being asked to join the investigation but were instead circulating messages and videos concerning the incidents on social media, which could affect law and order and communal harmony.

The High Court, while disposing of the writ petition, restrained the petitioners from sending messages or videos on social media concerning the January 26 and January 31 incidents and directed them to cooperate with the investigation. It also declined the plea for a departmental inquiry against police officials, observing that such a direction could hamper the ongoing investigation.

The Supreme Court’s interim order has now stayed the proceedings pursuant to the impugned FIR as well as the operation of the Uttarakhand High Court’s restrictions concerning social media posts, pending further consideration of Deepak’s plea.

(IANS)

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