Shamli Police book six over alleged ‘misleading’ social media posts on Ayush Malik High Court proceedings

Shamli Police have registered an FIR for making “statements conducing to public mischief” against six persons who in their social media posts had claimed that the Allahabad High Court had rebuked Shamli Police during proceedings concerning Ayush Malik, who was recently at the center of a religious conversion case and was set at liberty by the High Court.

The FIR, registered at Kotwali Shamli on the night of September 16, named Karishma Aziz, Nikhat Ali, The Muslim/The MuslimSphere, Wasim Akram Tyagi, Syed Kaif Hasan and Nadeem Saifi as accused. The case has been registered under Section 353(2) of the Bharatiya Nyaya Sanhita (BNS). The provision deals with false information that is intended, or likely, to promote enmity or hatred between different religious, racial, linguistic, regional or other groups.

According to the complainant, Sub-Inspector Mohammad Jahangir, the matter stems from an earlier case involving Ayush Malik. His father, Devraj Malik, had lodged a complaint on June 6, alleging that Chandni Qureshi, her father Islam Qureshi and other family members had, with the intention of obtaining his property, got his son converted to Islam. He also alleged that they threatened Mr Devraj and his wife and asked them to accept Islam as well.

Police subsequently registered a case in connection with those allegations. Ms. Qureshi and her father were arrested on June 7 and granted bail by the District and Sessions Judge, Shamli, on July 24, the FIR stated.

The FIR said that a person, Mohd Sultan, claiming to be Mr. Ayush’s friend, approached the Allahabad HC on September 9, alleging that he had converted to Islam of his own will and sought his production before the court, recording of his statement and permission to live independently.

“Accordingly, Mr. Malik was produced before the HC. After hearing both sides, the HC granted Ayush Malik the freedom to go anywhere and reside anywhere according to his wishes…. in this matter… the named accused have circulated misleading information in their social media posts stating that the HC had reprimanded Shamli Police. This information is misleading and factless,” the complaint reads.

It added that the High Court had neither sought any affidavit/reply from the police nor had the police filed any affidavit/reply. It claimed that the matter concerned a dispute between the father and son, in respect of which the High Court passed its order.

“Therefore, by distorting the judgment of the HC misleading/false information is being circulated. Such information is likely to have an adverse effect on public peace,” the complaint stated, alleging that the conduct constituted an offence under Section 353(2) of the BNS.