New Delhi: The Uttarakhand High Court Thursday questioned the viral gym owner ‘Mohammad’ Deepak for seeking police protection while being named as an accused in an First Information Report (FIR).
Since he is an accused in an FIR, he can’t ask for police protection or departmental inquiry against erring officials, the court said.
In a video widely shared, the gym owner, whose real name is Deepak Kumar, had confronted Right-wing groups on Republic Day, harassing an elderly Muslim man over his shop’s name, which included ‘Baba’. Deepak stepped in and introduced himself as ‘Mohammad Deepak’.
This culminated on 31 January, when a mob of 150–200 people allegedly assembled outside Kumar’s gym, delivering hate speeches and explicit threats to kill him and his family. Post which, his gym received no footfall and to support him, many Supreme Court senior advocates and Bollywood actors sent financial help.
Later, he approached the court seeking quashing of an FIR against him and even seeking police protection as he has received death threats.
The High Court, meanwhile, told him to keep in mind that the administration itself is competent to do its job and as per the FIR, Deepak is a “suspected accused” “How can a person who is accused seek protection for life?” it said.
Justice Rakesh Thapliyal asked him to trust the administrative process. “This is pressure tactics—I will dismiss with exemplary costs. First, when you file a petition—keep in mind who you are and what are you praying for? A suspected accused can’t ask a departmental inquiry against police and even protection.”
Deepak’s counsel Navnish Negi told the court about the constant threat to his life and family.
But, the court said that since he is under investigation and said that he should wait.
“Aap iss matter ko sensitise karne ki koshish kar rahe hai… (You are trying to sensitise the matter)…by praying for such a thing—the lesson should go….it is a pressure tactic to demotivate the investigating agencies…You tried to sensitise the issue by this petition,” Justice Thapliyal said.
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‘Fabricated’ FIR?
The gym owner from Kotdwar approached the HC seeking protection and the quashing of a “false and malafide” criminal case against him. The petition, filed alongside co-petitioner Vijay Rawat, alleges that local authorities have acted in a “partisan” manner by targeting the petitioners while failing to take action against a mob that reportedly issued death threats against them—the video of which also went popular.
The mob, the duo said, targeted them after they came out in support of 75-year-old Vakil Ahmad whose shop’s name, ‘Baba Cutpiece and Matching Centre,’ drew the ire of Bajrang Dal members in Kotdwar.
However, when video footage of the intervention was circulated, Deepak claims it was used to falsely portray him as a non-Hindu to incite communal sentiment. This culminated on 31 January, he said, when a mob allegedly assembled outside his gym, delivered hate speeches and explicit threats to kill him and his family.
Despite providing video evidence and naming perpetrators, the police allegedly registered a case against “unidentified persons” in Deepak’s complaint, while simultaneously lodging an FIR against him and Rawat for rioting and criminal intimidation.
Deepak contended that he was being victimized for a “humanitarian act” of protecting a minority individual. He alleged that the FIR against him is a “distorted narrative” intended to harass him and has resulted in the effective shutdown of his gym business.
Furthermore, he alleged that the police inaction despite explicit death threats left him in constant fear for his life.
In his writ petition, Deepak sought a writ to cancel the “false and fabricated” FIR registered against him and Rawat at the Police Station Kotdwar.
He requested for a writ directing the police to take immediate cognizance of his formal complaint, register FIRs against the identified individuals who committed hate crimes, and conduct a fair investigation.
The gym owner urged the HC to direct the Uttarakhand government to provide adequate police protection for their two families given the explicit threats to their lives. He also sought an inquiry into the “partisan conduct” of the erring police personnel who failed to act against the hate crimes.
‘Trust the cops’
When Deepak’s counsel explained how the police was not allegedly taking any action despite there being evidence on social media and interviews being taken of them, Justice Thapliyal said the law enforcers were doing their job. “We must trust them.”
Subsequently, the judge remarked that nobody tried to harm Deepak. To this, the advocate replied: “Wait nahi kar sakte (Can’t wait).”
To which, the court said that this amount of fear is detrimental to the society and even judges have such “apprehension”—which is ‘a type of disease scientifically explainable’.
With these oral observations from the Court, Negi asked the judge to record them in the order. Justice Thapliyal, questioning the intent, noted that the police was competent enough.
The same bench on Tuesday had directed the Kotdwar police to submit a status update on the investigation related to a First Information Report (FIR) registered against Deepak, and asked for the bank details of how much money he had received (from well-wishers after the episode).
About the bank details and funding Deepak received, his advocate Thursday informed the amount was Rs 80,000, adding that it was stopped after requests from the bank. “They also appealed on social media to not send any money,” he said.
Negi, meanwhile, contended that the FIR against Deepak was “unjustified” and was done to put pressure. “The police are mute spectators and even when we have identified them—still the FIR is unnamed despite our identification since the last two months. The police didn’t make us a complainant which showed its ‘partisan conduct’.”
The court said that the FIR investigation is on and that it cannot interfere.
On the prayer seeking police protection, the judge observed that “aapse zyada unko aapke safety ki tension hai (the police are more worried about your safety)” as they have to investigate on the FIR to file a charge sheet.
“Some cases are such that affect the society…the police does not have one FIR only, they are very busy they have so many investigations,” Justice Thapliyal said, noting that the police was already investigating many cases and under the burden of maintaining law and order.
The judge noted that the petition seeking inquiry against erring officials is a way to influence the investigation. “Aap toh media mein chaane ki koshish kar rahe hai. Aapke paas toh donations aarahe hai. (You are trying to be all over the media. You are getting donations).”
(Edited by Tony Rai)
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