High court stays arrest of Peace Party president

ALLAHABAD: The Allahabad high court has stayed the arrest of Peace Party of India president Dr Mohd Ayub in connection with the FIR lodged against him at police station Nagar Kotwali, Muzaffarnagar, alleging that he created enmity between different communities by issuing a statement that was published in a section of the press.

Hearing a writ petition filed by Dr Ayub, a former MLA, a division bench comprising justice Shashi Kant Gupta and justice Prabhat Chandra Tripathi instructed the state government to file counter affidavit (reply) within four weeks and directed to list the matter after six weeks.

The FIR was lodged against Dr Mohd Ayub on the basis of a newspaper report published in Shah Times. It was alleged in the petition that the news item amounted to promoting enmity between different groups and the same was prejudicial to the maintenance of harmony.

The FIR was lodged under Sections 153A, 505(2), 171(H) of Indian Penal Code (IPC) and under Sections 125, 127A of the Representation of the People Act. A plea was raised on behalf of the petitioner that none of the ingredients of the sections under which the FIR had been registered against the petitioner were attracted in the matter. It was also submitted that the FIR was politically motivated.

“We find substance in the submissions advanced on behalf of the petitioner. The matter requires consideration,” the court observed. The petitioner had requested quashing of the FIR lodged against him and also stay on his arrest.