Threat To Safety If Arrested In Undisclosed FIR: Prashant Umrao Approaches SC Seeking Disclosure Of All FIRs In Tamil Nadu

Advocate Prashant Kumar Umrao has approached the Supreme Court seeking a direction to the state of Tamil Nadu to disclose all FIRs and complaints registered against him in connection with the tweet relating to migrant workers.

He has also sought the quashing of multiple FIRs lodged against him, or in the alternative, clubbing of the multiple FIRs for allegedly spreading false information on Twitter claiming attacks on migrant workers from Bihar in Tamil Nadu.

In the Petition filed through Advocate Rahul Jain, the petitioner claims that he fears for his safety if he is arrested in any of these undisclosed FIRs "which have been lodged by the Respondent in complete violation of basic tenets of the Criminal Jurisprudence and with a sole purpose to curtain the personal liberty of the Petitioner".

He has contended that a large number of Tweets have been posted calling for violence against him and his murder. "These tweets have been posted by prominent leaders of political party issuing death threats. DMK Leader Thiru R.S Bharathi in a widely circulated video has clearly stated that BJP Cadre in the State of Tamil Nadu will be killed", the petition says. 

The plea by Advocate Prashant Kumar Umrao read thus: “The present petition seeks immediate and urgent reliefs including quashing of the multiple untenable FIRs malafidely lodged against him, or in the alternative, clubbing of the multiple FIRs dealing with tweet as the subject matter of investigation, and also prays for interim directions to protect the liberty of the Petitioner and to prevent evergreening of his detention in custody…”

The Madras High Court while granting anticipatory bail had remarked that Prashant Kumar Umrao being an Advocate must have some responsibility towards the society.

The FIR was registered against Umrao under Sections 153 (provocation with intent to cause riot), 153A (Promoting enmity between different groups on grounds of religion, race, place of birth, residence), 504 (provoking breach of peace) and 505(public mischief) of the Indian Penal Code, 1860.

In the petition, Advocate Umrao has claimed that with an ulterior motive to defeat the anticipatory bail secured by him, multiple FIRs were registered relating to the tweet.

The plea further says that, “Pertinently, the Respondent is not disclosing the details of such FIR, effectively taking away the remedy of the Petitioner to approach the jurisdictional High Court and obtain relief of anticipatory bail.”

Prashant Kumar Umrao has stated that he reasonably apprehends that he would be arrested when he visits the Investigating officer, rendering the anticipatory bail granted by the High Court an exercise in futility. He has added that the registration of multiple FIRs in different jurisdictions on the basis of the same cause of action is excessive and disproportionate to the state objective of prosecuting crime.

“…the registration of multiple FIRs in different jurisdictions on the basis of the same cause of action is excessive and disproportionate to the state objective of prosecuting crime. In such a situation, the intervention of this Hon'ble Court is necessary to protect the rights of the Petitioner…”, the petitioner has averred.

In a separate plea before the Supreme Court, Prashant Kumar Umrao has also challenged the condition imposed by the Madras High Court while granting anticipatory bail to him in an FIR. In that case, he has challenged the Condition whereby the High Court has directed him to “report before the Police, daily at 10:30 a.m. and 5:30 p.m., for a period of 15 days and thereafter, as and when required for interrogation.”

Both petitions are likely to be listed together tomorrow. 

Cause Title- Prashant Kumar Umrao v. State of TN