The Supreme Court Friday ruled out a stay on investigation against the alleged creator of a hate app that listed some Muslim women and “listed them for auction” in July this year. Issuing notices to three states on a plea to club FIRs by the accused, the top court bench of Justice SK Kaul refused to stay the probe against him. The notices have been issued to Delhi, Maharashtra and Uttar Pradesh, the three states where cases have been registered against the accused.
Hearing the plea on Friday, Justice Kaul wondered if it was possible to grant relief to accused Aumkareshwar Thakur since he has been charged with different offences for distinct acts. The court pointed out that each FIR against the accused is different since there are multiple uploads, and said each woman whose photo was uploaded is an aggrieved party and cannot be clubbed as one offence.
“You are saying in respect of each website there are different proceedings. Can you say whatever uploaded is confined to one place,” the bench asked Thakur’s counsel. As the counsel sought a stay on the investigation, the court said: “Only notice now. We have our doubts.”
Thakur is accused of creating an app on content-sharing platform GitHub where some Muslim women were listed for “auction”. According to the FIR, their photographs were allegedly sourced without permission and doctored. Thakur was granted bail on March 28 this year by a Delhi court stating that the accused is a first-time offender. “Such prolonged incarceration would be detrimental to his overall well-being. Accused has roots in society and community and he is not a flight risk,” the court said, adding that the detention of the accused would serve no fruitful purpose.