Allahabad HC Stays Criminal Proceedings Against Fashion Model Booked Over 'Controversial' Poster With Shiva Linga
Live LawLast week, the Allahabad High Court stayed criminal proceedings against Varanasi-based fashion model Mamta Rai in a 2022 case alleging that she promoted enmity between different groups on the grounds of religion and race and committed intentional insult by posting a picture showing her offering flowers on a Shivalinga with the caption “मैं काशी हूं ”. Challenging the chargesheet and the entire criminal proceedings, Rai moved the HC wherein her counsel, Advocate Mohak Agarwal, argued that the essential ingredients as enunciated under Section 153A, 504 and 506 I.P.C. Furthermore, it was also submitted before the HC that Articles 19 and 21 of the Constitution of India grant the applicant a right to speech and expression, and therefore, it was stressed that the allegation that only by watching the posters of the applicant, the religious feelings of the opposite party no.2 hurt, is not tenable. Noting that the matter requires consideration, a bench of Justice Dinesh Pathak issued a notice to the opposite party no.2, fixing February 28, 2025, as the next date of hearing.