Supreme Court – Daily Orders
Wazahat Khan vs Union Of India on 23 June, 2025
W.P. (Crl.) No. 247/2025
ITEM NO.48 COURT NO.11 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
WRIT PETITION (CRIMINAL) NO. 247/2025
WAZAHAT KHAN PETITIONER(S)
VERSUS
UNION OF INDIA & ORS. RESPONDENT(S)
(IA No. 147634/2025 - EX-PARTE STAY, IA No. 147632/2025 - EXEMPTION
FROM FILING O.T.)
Date : 23-06-2025 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE K.V. VISWANATHAN
HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH
(PARTIAL COURT WORKING DAYS BENCH)
For Petitioner(s) :
Mr. Dama Seshadri Naidu, Sr. Adv.
Mr. Sankhajit Lal Mitra, Adv.
Mr. Avro Ghosh, Adv.
Ms. Ishita Shrivastava, Adv.
Mr. Vishal Arun Mishra, AOR
For Respondent(s) :
UPON hearing the counsel, the Court made the following
O R D E R
1. We have heard Mr. Dama Seshadri Naidu, learned senior
counsel for the petitioner. Learned senior counsel draws
attention to the prayer clause at page 64 of the Writ
Signature Not Verified
Digitally signed by
POOJA SHARMA
Petition and submits that he is pressing prayers b, c, d
Date: 2025.06.25
16:40:13 IST
Reason:
and e. He expressly gives up prayers a and f. Prayers b,
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c, d and e read as follows:
“(b) Issue a writ of mandamus to the effect
that no cognizance of any complaint would be
taken by any court nor any FIR registered by
the police on the cause of action in the
present Writ Petition.
(c) Alternatively, consolidate all various
complains/ FIRs arising out of the
petitioner’s Tweets in social media
registered/made at the behest of the State
Administration, CM, Political parties, Hindu
Sangathan/organization or activists and
highly connected supporters of ruling
political dispensations and other high
profile political people, along with public
and transfer to a neutral State for
completion of investigation.
(d) Issue a writ of prohibition from taking
any coercive steps in relation to FIRs (as
mentioned in prayer a) registered on the
tweets in question;
(e) Grant bail and interim protection to the
petitioner in respect of the FIRs (as
mentioned in prayer a) wherein the petitioner
has been arrested.”
2. Learned senior counsel submits that the First
Information reports filed are in retaliation to the
complaint filed against a social media influencer, who
was arrested and has since been released on bail. To
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quote Mr. Naidu’s own words “he was perhaps reaping what
he has sown”. Be that as it may. According to the
learned senior counsel, at present following are the
known First Information Reports/complaints registered
against the petitioner for certain old tweets made by
him:
“(i) Kolkata FIR: Golfgreen PS Case No. 76
dated 02.06.2025 u/s Section 196(1)(a)/ 299/
352/ 352(1)(c) of the BNS.
(ii) Kolkata FIR: Complaint at Kolkata’s
Garden Reach Police Station by Sh. Ram Swabhiman
Parishad u/s Section 196(1)(a), Section 299,
Section 352, Section 353(1)(c) IPC r/w Sections
66A and 67 of the IT Act.
(iii) Assam FIR – Panbazar Cyber PS Case No.
08/25 u/s 196(2)/ 298/ 299/ 302/ 152/ 79/ 121(2)
BNS r/w 67 IT Act, 2000.
(iv) Haryana FIR: PS Cyber West, Gurugram; FIR
No. 202 dated 02.06.2025 under section 152/ 192/
196(1)(b)/ 197(1)(c)/ 197(1)(d)/ 299/ 352/
353(2) of BNS and 67 of IT Act.
(v) Delhi FIR: Two criminal complaints were
lodged in New Delhi for communal provocation
aimed at disturbing social harmony.
(vi) Delhi Complaint: Another complaint has been
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W.P. (Crl.) No. 247/2025filed in Delhi by Advocate Vineet Jindal with
the Delhi Police.
(vii) Mumbai FIR: An FIR has been registered at
the LT Marg Police Station, Mumbai against
Wazahat Khan, based on a complaint filed by
Ramesh Solanki, who is IT cell president for
monitoring objectionable content on social media
platforms like Twitter, Facebook, and WhatsApp.
According to police, Solanki reported that on
December 13, 2023, Wazahat Khan, using his
Twitter handle @rashidiwazahat, posted
objectionable and obscene content targeting the
Hindu faith and gods.”
3. The earliest FIRs, as per the knowledge of the
petitioner, is at Golf Green PS Case No. 76, dated
02.06.2025 and Garden Reach PS FIR No. 170, dated
16.06.2025. Learned senior counsel also draws attention
to page no. 164 of the paperbook, which, according to
him, is the transcript of the apology video message given
by the petitioner. In short, the learned senior counsel
for the petitioner submits that his tweets were
retaliatory tweets, at the relevant time.
4. Learned senior counsel also submits that the tweets
have been deleted. He further submits that the FIRs span
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over six States. He cites a number of previous
judgments/orders of this Court, wherein orders to
consolidate the FIR within one State or multiple FIRs of
the State concerned in the said State have been made.
5. Issue notice, returnable on 14.07.2025.
6. Liberty is granted to the petitioner to serve the
Standing Counsel for the States of Assam, West Bengal,
Maharashtra, NCT of Delhi, Haryana and at the Central
Agency, so far as the Union of India is concerned.
7. At this stage, learned senior counsel submits that the
petitioner is in judicial custody in Golf Green PS Case
No. 76/2025, dated 02.06.2025. He also submits that the
petitioner is in police custody in Garden Reach PS Case
no. 170/2025, dated 16.06.2025, wherein he was remanded
to police custody for ten days till 01.07.2025. Learned
senior counsel prays that till the next date of hearing
no further coercive action be taken against the
petitioner in connection with the other FIRs/complaints
filed against the petitioner of similar nature.
8. Considering the prayer, we are inclined to grant the
same. Till the next date of hearing, as an ad-interim
measure, it is directed that no coercive action shall be
taken against the petitioner pursuant to the
FIRs/complaints referred to here-in-above, or the
FIRs/complaints which may be registered against the
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petitioner in connection with the allegations that are
similar in nature to the FIRs/complaints referred to
here-in-above.
(POOJA SHARMA) (SUDHIR KUMAR SHARMA)
COURT MASTER (SH) COURT MASTER (NSH)
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