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3. As per paragraph 4 of the petition, the petitioner criticized the statement of Mr. Arvind Kejriwal and demanded an apology for mocking the plight of Kashmiri Hindus, and stated that BJP's youth wing, would continue demonstration till Mr. Arvind Kejriwal apologizes by making a statement that the genocide of Hindus that had taken place in Kashmir was not a hoax. The transcript of the statement made by the petitioner, (Annexure P-2), reads as follows, "Aaj jo unhone kaha hai uske liye unhe maafi mangni chaiye. Agar wo maafi nahi mangte to Bhartiya Janta Yuva Morcha ka ye Karyakarta unhe jine nahi dega. - Hum sab tab tak apna pradarshan jaari rakhenge jab tak vo is desh ke hinduoon se maafi nahi maang lete, ye kehne ke liye ki es desh ke hinduoon ka narsanhaar hua tha Kashmir mein wo jhutha tha." Its English translation would be 'He should apologize for what he has said today. If he doesn't apologize, then this BJP worker will not let him live. They would continue their agitation till the time he apologizes to the Hindus of this country for his statement that the genocide of Hindus in Kashmir was a lie'. This interview got wide public attention and the petitioner posted it on his Twitter handle and social media.

7. Mr. R.S. Rai, Sr. Advocate representing the petitioner, argued that the words used were, "BJP yuva morcha ka ye karyakarta inhen jine nahin dega' and the context in which they were spoken by no stretch of the imagination would mean or imply assassination or criminal intimidation. No material in the complaint disclosed the commission of any cognizable offence, and the registration of FIR was illegal. Petitioner's next contentions are that the complaint by the AAP spokesperson is mala fide, by a proxy, with no locus in the absence of any legal injury. The petitioner's further contention is that the complainant deliberately omitted the last part of the petitioner's statement, where he had cautioned Mr. Arvind Kejriwal, that he would to continue to agitate until Mr. Kejriwal retracts his statement questioning the genocide of Hindus in Kashmir.

9. Mr. Akshay Bhan, Sr. Advocate, appearing for the complainant, contended that all the ingredients of the penal offences invoked in FIR are fully engrained in the complaint, and it is not the stage for quashing the FIR. The complainant's submission is that he has the locus to file the present complaint because the social media has no boundaries, and tweets have been retrieved from authenticated user accounts.

ANALYSIS AND REASONING:

10. The petitioner commented against Sh. Arvind Kejriwal on his alleged statement about the authenticity of genocide of Hindus, projected in the movie "The Kashmir Files". The petitioner reacted by saying in an interview in the following terms, "Aaj jo unhone kaha hai uske liye unhe maafi mangni chaiye. Agar wo maafi nahi mangte to Bhartiya Janta Yuva Morcha ka ye Karyakarta unhe jine nahi dega. Hum sab tab tak apna pradarshan jaari rakhenge jab tak vo is desh ke hinduoon se maafi nahi maang lete, ye kehne ke liye ki es desh ke hinduoon ka narsanhaar hua tha Kashmir mein wo jhutha tha". He sought an apology from Sh. Arvind Kejriwal for his statement and further stated that in case Sh. Arvind Kejriwal does not tender an apology, then this worker of BJP will not let him live, and they will continue their demonstrations till he apologizes for saying that the genocide of Hindus committed in Kashmir was a lie.

21. The purported statement of the petitioner is a protest against the statement made by the leader of AAP in power in Delhi and Punjab, where the BJP is in opposition. Being a political activist and an official spokesperson of a political party, as a shadow of the incumbent, it was well within his rights to make the people aware of the response of an opposite political leader. Democracy is all about informing the people and creating sentiments, and it would be an offence only if campaigning is full of hatred, or there is an involvement in malicious activities, or derogatory and vicious statements are made to gain political mileage. According to the petitioner, the movie, 'The Kashmir Files', had exposed the genocide of a minority, i.e., Hindus, in Kashmir. The petitioner put forth his displeasure because the party in power did not accept his demand to make the movie tax-free. It was well within his rights to raise such protests.