Allahabad HC stays arrest of ‘Mirzapur’ directors, writers

PRAYAGRAJ: The Allahabad high court has stayed the arrest of Karan Anshuman, Gurmeet Singh, Puneet Krishna and Vineet Krishna, the directors and writers of web series ‘Mirzapur’, in connection with an FIR lodged against them at Kotwali Dehat police station of Mirzapur district.
While Karan Anshuman and Gurmeet Singh are the directors of the first season of web series ‘Mirzapur’, Gurmeet Singh is the director of the second season of the web series.
Besides, Karan Anshuman and Vineet Krishna are the writers of the first season and Puneet Krishna is the writer of the second season of Mirzapur.
Hearing the writ petition filed by Karan Anshuman, Gurmeet Singh, Puneet Krishna and Vineet Krishan, a division bench comprising Justice Pritinker Diwaker and Justice Deepak Verma issued notice to the state government and the complainant and directed them to file their respective replies in the matter.
Earlier, on January 29, 2021, this court had stayed the arrest of producers of the web series, Farhan Akhtar and Ritesh Sidhwani, in pursuance of the FIR registered against them at Kotwali Dehat police station in Mirzapur district.
While passing the above directions, the court made it clear that the investigation shall go on and the petitioners shall cooperate in the investigation and non-cooperation on the part of the petitioners may give reasons to the state to file an application seeking vacation of the interim order.
The court directed to list this case along with the writ petition relating to producers of the film for the next hearing.
The FIR was registered against the makers of ‘Mirzapur’ web series under section 295-A (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs) and other sections of IPC and 67-A of Information Technology Act.
The main allegation in the FIR is that the makers of the web series are guilty of offences under the above sections by improper and indecent portrayal of the town of Mirzapur. It had hurt the religious, social and regional sentiments of the first informant and is instrumental in advancing ill feelings and animosity.
It has been further alleged by the first informant that the web series of such kind must have been produced by such a big production house after due deliberations. It has impacted the society so much that his friends have started calling him ‘Kaaleen Bhaiya’, who is a main protagonist in the said web series.
However, the counsel for the petitioners argued that even if all allegations in the FIR are taken to be correct, no offence is made out against the petitioners. There is no allegation that the web series was produced with any deliberate or malicious intention of outraging the religious and social feelings of the citizens of India or to insult the religious and social feelings of the people of any particular class.
In other words, the submission is that the web series is a work of fiction and that every act which tantamount to insult or attempts to insult the religious feelings of any class of citizens would not come within the purview of Section 295-A of IPC unless the said act is perpetrated with the deliberate and malicious intention of outraging the religious feelings of that class of citizens.
On the other hand, the state counsel submitted that there is specific allegation that the web series has hurt the social and religious feelings of the first informant. He also urged that the web series promotes illicit relationships and incites religious disharmony, which is not permissible.
However, while opposing the writ petition, the state counsel was not in a position to dispute the fact that in the earlier case of co-accused, interim protection has already been granted by the court.
The court passed this order on February 18 and it came to light on February 19 (Friday).