Srinagar Court Orders Arrest of Jitendra Tyagi for Non-Appearance in Case Involving Remarks Against Islam and Prophet Muhammad

J & K court orders for the arrest of jitendar tyagi for the remarks against islam for the Non appearance in the court

A Srinagar court has issued an arrest warrant against Jitendra Narayan Tyagi for his failure to appear before the court in connection with a case related to his alleged derogatory remarks against Islam and Prophet Muhammad. The order was passed after repeated attempts to secure Tyagi’s presence in court proved unsuccessful.

Background of the Case

Jitendra Tyagi, formerly known as Waseem Rizvi before converting to Hinduism, has been accused of making inflammatory statements against Islam and Prophet Muhammad. These remarks have sparked controversy and legal proceedings against him under various sections of the Indian Penal Code (IPC) related to promoting enmity between religious groups and hurting religious sentiments.

Court Proceedings and Arrest Warrant

The court, while noting Tyagi’s continuous absence despite multiple summons, observed that his non-appearance was an obstruction to the legal process. Consequently, the court directed the authorities to take immediate action and execute his arrest. The judge emphasized that non-compliance with legal summons could not be tolerated, especially in a case that has caused significant social unrest.

Legal Provisions Involved

The charges against Tyagi are likely to include provisions under:

  • Section 153A IPC / Section 196 BNS – Promoting enmity between different religious groups.
  • Section 295A IPC / Section 299 BNS – Deliberate and malicious acts intended to outrage religious feelings.
  • Section 505 IPC / Section 353 BNS – Statements conducing to public mischief.

Public Reaction and Legal Implications

The case has drawn widespread attention, with many religious and political groups expressing their views on the matter. Some have called for strict legal action against Tyagi, while others view this as a test of India’s commitment to free speech and religious harmony. The case also raises questions about the balance between freedom of expression and the responsibility to maintain communal harmony.

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Conclusion

The arrest order against Jitendra Tyagi underscores the judiciary’s firm stance on ensuring accountability in cases of hate speech and religious intolerance. As the case progresses, an important precedent regarding the legal consequences of inflammatory remarks in India is expected to be set. Authorities are now tasked with executing the arrest warrant and ensuring that justice is served through due process of law.

About Author

Amita K Pradeep, A law graduate with a B.A. LL.B. (Hons) from Ramaiah College of Law, Bangalore, with hands-on experience in legal research, drafting, and client counseling through five diverse internships. Proficient in civil, criminal, and intellectual property law. She also holds certifications in Intellectual Property Rights and Commercial Litigation. Fluent in English, Kannada, Hindi, and Malayalam. Amita is passionate about IPR while also eager to explore other areas of law.

References

https://www.barandbench.com/news/srinagar-court-orders-arrest-jitendra-tyagi-remarks-islam-prophet-muhammad?

https://www.livelaw.in/news-updates/srinagar-court-orders-arrest-of-jitendra-tyagi-for-non-appearance-in-case-over-making-derogatory-remarks-against-islam-prophet-mohammad-284677?

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