UP Police Slammed for FIR Against Journalists Over Mob Lynching Post

The UP police have sparked a huge controversy by registering an FIR against five individuals, including two Delhi-based journalists. The charges, filed under sections of the Bharatiya Nyaya Sanhita, pertain to their social media posts about an alleged mob lynching incident in Shamli district in Uttar Pradesh on July 4.

This incident has ignited widespread outrage, with members of civil society vehemently criticising the actions of the UP police. They are questioning whether the actual crime in this scenario is the alleged heinous act of mob lynching or the act of reporting it. 

The victim in this tragic case, Firoz Qureshi, succumbed to his injuries on July 4 following a brutal assault. According to Firoz’s family, he was the target of mob lynching. Arshad Qureshi, Firoz’s brother, spoke to Chalchitra Abhiyaan, a film and media collective based in Western Uttar Pradesh, revealing distressing details: “Firoz went to the market carrying a speaker, similar to those used by vegetable vendors. Unaware of its volume, he switched it on, which sparked an argument with several individuals. This argument escalated into a violent assault. Firoz was beaten mercilessly with iron rods by a group of people who acted in unison. After the brutal attack, they called the police emergency number, 112, falsely accusing Firoz of attempting to unlawfully enter their house. To this day, I challenge anyone in Jalalabad to prove that my brother would illegally enter someone’s house. If proven, I am willing to accept the punishment. They are turning the victim into the culprit.” 

Firoz’s brother, Arshad, disclosed more harrowing details of the incident to Chalchitra Abhiyaan. He recounted, “When this horrific event unfolded, a crowd had gathered around Firoz. Eyewitnesses informed us that Firoz, in his desperate state, pleaded for water. Shockingly, the attackers responded by pushing his head down and callously telling him to drink sewage water instead.”

Following this tragic incident, journalist Wasim Akram Tyagi took to social media platform X to report that Firoz Qureshi had died on the way to the hospital after being brutally assaulted by several individuals. Tyagi stated, “Firoz died while being taken to the hospital in an unconscious state. In this case, a case has been registered under section 105 of BNS i.e. sections of unintentional murder. To get the case registered, the relatives of the deceased had to protest by placing the dead body in front of the police station. Only then the FIR was registered. Let us tell you that in the new sections of BNS, there is a provision of death penalty for mob lynching. But in the case of Firoz, the case has been registered under such weak sections which will easily get the accused out of jail. @dgpup Please instruct @Uppolice to register a case against the criminals in this case under serious sections.”

Similarly, the second journalist, Zakir Ali Tyagi, posted on X, highlighting the gravity of the situation: “Firoz Qureshi died in a mob lynching incident in Jalalabad town of Shamli district. Firoz had gone to Ganga Aryanagar locality of Jalalabad for some reason. There Pinky, Pankaj Rajendra and their associates beat him brutally. After which the residents tried to save him somehow but he died after some time. The family has mentioned the names of all the accused in the FIR. The police should take prompt and strict action.”

Zakir also shared the complaint filed by Firoz’s brother with the police, which detailed the events of that fateful evening: "...At 8 p.m., my brother had gone to the Ganga Aryanagar locality for some work. He was brutally beaten up by Pinky, Pankaj, Rajendra, and others... It took a lot of effort for some people to rescue him. Unfortunately, at 11 p.m., my brother passed away..."

UP Police Criticised for Targeting Journalists

While the UP police swiftly dismissed the alleged mob lynching case by registering an FIR under less serious sections, they aggressively pursued legal action against the journalists who reported the alleged incident on social media. An FIR was lodged against the journalists under sections 196 and 353 of the Bharatiya Nyaya Sanhita. 

Section 196 of the Bharatiya Nyaya Sanhita involves actions that promote enmity between different groups based on religion, race, place of birth, residence, language, and other such factors, thereby disrupting harmony.

Section 353 deals with offences related to spreading false information or rumours, including via electronic means, with the intent to cause public fear or alarm, incite violence, or disrupt public tranquillity. Offenders can face up to three years in prison, a fine, or both under the section.

What, then, explains Firoz's death? Why did the UP police so hasti

The UP police have sparked a huge controversy by registering an FIR against five individuals, including two Delhi-based journalists. The charges, filed under sections of the Bharatiya Nyaya Sanhita, pertain to their social media posts about an alleged mob lynching incident in Shamli district in Uttar Pradesh on July 4.

This incident has ignited widespread outrage, with members of civil society vehemently criticising the actions of the UP police. They are questioning whether the actual crime in this scenario is the alleged heinous act of mob lynching or the act of reporting it. 

The victim in this tragic case, Firoz Qureshi, succumbed to his injuries on July 4 following a brutal assault. According to Firoz’s family, he was the target of mob lynching. Arshad Qureshi, Firoz’s brother, spoke to Chalchitra Abhiyaan, a film and media collective based in Western Uttar Pradesh, revealing distressing details: “Firoz went to the market carrying a speaker, similar to those used by vegetable vendors. Unaware of its volume, he switched it on, which sparked an argument with several individuals. This argument escalated into a violent assault. Firoz was beaten mercilessly with iron rods by a group of people who acted in unison. After the brutal attack, they called the police emergency number, 112, falsely accusing Firoz of attempting to unlawfully enter their house. To this day, I challenge anyone in Jalalabad to prove that my brother would illegally enter someone’s house. If proven, I am willing to accept the punishment. They are turning the victim into the culprit.” 

Firoz’s brother, Arshad, disclosed more harrowing details of the incident to Chalchitra Abhiyaan. He recounted, “When this horrific event unfolded, a crowd had gathered around Firoz. Eyewitnesses informed us that Firoz, in his desperate state, pleaded for water. Shockingly, the attackers responded by pushing his head down and callously telling him to drink sewage water instead.”

Following this tragic incident, journalist Wasim Akram Tyagi took to social media platform X to report that Firoz Qureshi had died on the way to the hospital after being brutally assaulted by several individuals. Tyagi stated, “Firoz died while being taken to the hospital in an unconscious state. In this case, a case has been registered under section 105 of BNS i.e. sections of unintentional murder. To get the case registered, the relatives of the deceased had to protest by placing the dead body in front of the police station. Only then the FIR was registered. Let us tell you that in the new sections of BNS, there is a provision of death penalty for mob lynching. But in the case of Firoz, the case has been registered under such weak sections which will easily get the accused out of jail. @dgpup Please instruct @Uppolice to register a case against the criminals in this case under serious sections.”

Similarly, the second journalist, Zakir Ali Tyagi, posted on X, highlighting the gravity of the situation: “Firoz Qureshi died in a mob lynching incident in Jalalabad town of Shamli district. Firoz had gone to Ganga Aryanagar locality of Jalalabad for some reason. There Pinky, Pankaj Rajendra and their associates beat him brutally. After which the residents tried to save him somehow but he died after some time. The family has mentioned the names of all the accused in the FIR. The police should take prompt and strict action.”

Zakir also shared the complaint filed by Firoz’s brother with the police, which detailed the events of that fateful evening: "...At 8 p.m., my brother had gone to the Ganga Aryanagar locality for some work. He was brutally beaten up by Pinky, Pankaj, Rajendra, and others... It took a lot of effort for some people to rescue him. Unfortunately, at 11 p.m., my brother passed away..."

UP Police Criticised for Targeting Journalists

While the UP police swiftly dismissed the alleged mob lynching case by registering an FIR under less serious sections, they aggressively pursued legal action against the journalists who reported the alleged incident on social media. An FIR was lodged against the journalists under sections 196 and 353 of the Bharatiya Nyaya Sanhita. 

Section 196 of the Bharatiya Nyaya Sanhita involves actions that promote enmity between different groups based on religion, race, place of birth, residence, language, and other such factors, thereby disrupting harmony.

Section 353 deals with offences related to spreading false information or rumours, including via electronic means, with the intent to cause public fear or alarm, incite violence, or disrupt public tranquillity. Offenders can face up to three years in prison, a fine, or both under the section.

What, then, explains Firoz's death? Why did the UP police so hastily conclude that this was not a case of mob lynching? Is it not the duty of journalists to bring ground realities to the forefront and present both sides of the story? If tomorrow a case of lynching occurs, will journalists face action for reporting it? Should the focus of legal action be on those who participate in mob lynching in India or on the journalists who report it? These questions demand urgent answers, and the Shamli police must be held accountable for their handling of this case.

Meanwhile, the DIGIPUB News India Foundation, a collective of India’s digital media organisations, has condemned the FIR registered by the UP police against the five individuals, including the two journalists. In its statement, the foundation asserted, "Registering an FIR against journalists sharing information in the public interest is a grave overreach and misuse of criminal laws and an assault on press freedom that has a chilling effect. While the police have contested the nature of the incident, claiming it was not communal, there is no justification for filing cases against journalists who are putting out the information available to them."

DIGIPUB has called upon the UP police to immediately rescind the FIR and cease using the law against journalists who are merely doing their job. 

In recent years, India has witnessed numerous incidents of mob lynching, where groups of people take the law into their own hands to carry out extrajudicial killings. These crimes often go unpunished due to the collective nature of the acts. The severity of some lynching cases prompted Union Home Minister Amit Shah to announce last December that the new criminal laws would include the death penalty for those found guilty of mob lynching. Despite this, justice for such crimes remains elusive, with many cases facing significant delays or outright denial.

In 2018, the Supreme Court directed the Union and state governments to implement measures to prevent mob lynching. More recently, the apex court addressed concerns about police recording mob lynching incidents as mere brawls or accidents in certain states. The Supreme Court has also requested reports from the states detailing the steps taken in response to lynching cases.

In the current case, the UP police acted hastily drawing widespread criticism. Sensitive cases like this require careful handling and thorough investigation before conclusions are drawn.

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