Allahabad High Court: Gaurav Bharti Gets Interim Arrest Protection

• The Allahabad High Court granted interim protection from arrest to activist Gaurav Bharti on September 28.
• Bharti, a CJP member, faced an FIR for filming the dilapidated condition of a government primary school in Farrukhabad.
• The FIR, dated August 19, 2026, accused him of illegally preparing and misrepresenting the institution's video.
• Charges against Bharti include Sections 352 and 353 of the Bharatiya Nyaya Sanhita, 2023, and Section 66 of the Information Technology Act, 2000.
• Bharti's filming was part of the CJP’s 'School Thik Karo' campaign, aimed at highlighting poor civic infrastructure.

The Allahabad High Court's decision to grant interim protection from arrest to Gaurav Bharti holds particular relevance, especially given the nature of the charges and the activist's work.

The Allahabad High Court on September 28 issued an order granting interim protection from arrest to Gaurav Bharti, a member of the Cockroach Janta Party (CJP). This directive came in response to a petition filed by Bharti, who sought the quashing of criminal proceedings initiated against him following the registration of a first information report (FIR).

The case, titled Gaurav Bharti @ Gaurav Kumar v. State of U.P. and 3 Others, was heard by a Division Bench comprising Justice Salil Kumar Rai and Justice Padam Narain Mishra. The court's decision specifically prevents Bharti's arrest in connection with the FIR, which was lodged after he filmed the dilapidated state of a government primary school located in Farrukhabad. This ruling provides a significant, albeit temporary, reprieve for the activist.

The controversy originated from an FIR registered on August 19, 2026, at the Nawabganj Police Station within Fatehgarh district. The complaint alleged that Gaurav Bharti had "illegally prepared a video of the institution and had misrepresented the condition of the institution." These accusations formed the basis for the criminal proceedings against him.

Bharti's actions were undertaken as part of the CJP’s ongoing 'School Thik Karo' campaign. This initiative is specifically designed to bring attention to the poor civic infrastructure and the lack of fundamental facilities prevalent in state-run primary schools. Counsel representing Bharti argued before the court that the allegations contained within the FIR were entirely baseless and factually incorrect, challenging the very foundation of the charges.

The FIR against Gaurav Bharti was registered under significant legal provisions, specifically Sections 352 and 353 of the Bharatiya Nyaya Sanhita, 2023, alongside Section 66 of the Information Technology Act, 2000. The case was formally recorded as Case Crime No. 0246 of 2026. These charges reflect the gravity of the allegations made against the activist for his public interest filming.

In its clear directive, the Allahabad High Court explicitly stated that "The petitioner shall not be arrested in pursuance of the First Information Report dated 19.08.2026, registered as Case Crime No. 0246 of 2026, under Sections 352 and 353 of the Bharatiya Nyaya Sanhita, 2023 and Section 66 of the Information Technology Act, 2000, Police Station- Nawabganj, District Fatehgarh." This order provides specific interim protection from arrest for Gaurav Bharti, directly addressing the charges filed against him under both the new Bharatiya Nyaya Sanhita and the existing IT Act.

The Allahabad High Court's decision to grant interim protection from arrest to Gaurav Bharti holds particular relevance, especially given the nature of the charges and the activist's work. The ruling underscores the judiciary's role in safeguarding individuals who engage in public scrutiny, even when faced with charges under new legislative frameworks like the Bharatiya Nyaya Sanhita and established laws such as the IT Act. This instance of Allahabad High Court Gaurav Bharti arrest protection highlights the potential for judicial intervention in cases involving public interest reporting.

By preventing immediate arrest for filming a government school's condition, the court's order sends a signal regarding the balance between official complaints and the right to highlight public infrastructure deficiencies. It demonstrates a willingness to examine the merits of such cases before punitive action is taken, offering a crucial safeguard for activists and citizens documenting public issues across India.

Lawyers advising activists or public interest organizations should note this ruling as it demonstrates the Allahabad High Court's willingness to grant interim protection against arrest for individuals reporting on public infrastructure issues, even when charged under new statutes like the Bharatiya Nyaya Sanhita and the IT Act. This could inform strategies for seeking pre-arrest bail or quashing proceedings in similar cases involving public scrutiny.

Source: Original reporting via Bar & Bench