The Allahabad High Court, Lucknow Bench, has intervened to stay the arrest of Arun Kumar, who faced criminal allegations for sharing a morphed photograph involving former Uttar Pradesh Chief Minister Akhilesh Yadav and Jyoti Malhotra, a woman alleged to have links with Pakistani officials. The original image had been uploaded on Twitter by Dr. Ajay Alok on May 20, 2025, and was subsequently shared by Kumar. Upon realizing that the photograph was inaccurate, Kumar promptly deleted the post. Despite his corrective action, an FIR was registered against him in August 2025, invoking several sections, including Sections 147, 196, 197, and 353 of the Indian Penal Code, Section 67 of the Information Technology Act, and Section 7 of the Criminal Law Amendment Act.
In his plea before the High Court, Kumar contended that the FIR was based on fabricated and unverified information and that his actions did not constitute waging war against the Government of India or promoting enmity between different communities. He emphasized that the post had been promptly removed and that no untoward incidents or public disturbances had resulted from its circulation. Kumar further argued that the FIR appeared to be politically motivated and expressed his full willingness to cooperate with the investigation. He maintained that his conduct did not meet the threshold for the criminal charges leveled against him.
The Additional Government Advocate opposed the plea, asserting that the FIR had been filed pursuant to a Magistrate’s order and that the investigation into the matter was ongoing. The State emphasized the seriousness of the allegations, highlighting that the sharing of manipulated images of prominent public figures could have wider implications, especially when connected to sensitive matters involving national security or communal harmony.
After reviewing the submissions, the High Court granted an interim stay on Kumar’s arrest. The Court stipulated that Kumar would not be taken into custody unless incriminating material surfaced during the course of the investigation. The Court also set a schedule for further proceedings, allowing four weeks for the filing of a counter-affidavit by the State and an additional two weeks thereafter for Kumar to file a rejoinder.
The Court’s order underscores the judiciary’s careful approach in cases involving politically sensitive allegations and the dissemination of potentially misleading digital content. It highlights the principle that preventive measures, such as arrest, must be weighed against the rights of the accused, especially when remedial actions, like deletion of content, have been undertaken. The decision also reaffirms that courts must balance the need to maintain law and order with individual liberties, ensuring that arrests are not executed prematurely or arbitrarily. By granting the stay, the High Court has provided temporary relief to Kumar while ensuring that the investigation proceeds in a fair and structured manner, upholding the principles of justice and due process in cases involving digital media and public figures.
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