Can an accused be denied a copy of the FIR? | Explained

The Supreme Court of India on Monday stayed a criminal case against Deepak Kumar, a gym owner in Dehradun known colloquially as "Mohammed Deepak," who had confronted members of the Bajrang Dal in January over their alleged harassment of a Muslim shopkeeper. The court also suspended an earlier order from the Uttarakhand High Court that had restricted Kumar from posting about the case on social media. The stay came after Kumar filed a petition challenging both the FIR registered against him and the High Court's restraint order. The incident occurred on January 26 when members of the Bajrang Dal reportedly visited the shop of Vakeel Ahmed, an elderly Muslim shopkeeper in Pauri Garhwal district, objecting to the use of the term "Baba" in the shop's name. Kumar and Vijay Rawat, another individual, intervened in the confrontation, prompting the Bajrang Dal members to ask them not to get involved. An FIR was later registered against Kumar and Rawat by two individuals linked to the Bajrang Dal and the Vishva Hindu Parishad, citing charges of rioting, causing injury, and intentionally insulting others with the intent to provoke a breach of peace. According to the FIR, the complainants alleged that Kumar and Rawat stole their watches and money and hurled casteist abuse at them. Following the FIR, approximately 40 people gathered outside Kumar's gym, shouting slogans against him and blocking a national highway. Kumar had previously filed a complaint against these individuals, but the police proceeded with the FIR based on a separate complaint from an unnamed officer regarding the protests. Abhishek Manu Singhvi, representing Kumar, questioned the fairness of the situation in court, asking how someone acting as a good Samaritan could face such a complaint. Singhvi highlighted that the charge of rioting under Section 191 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) had been invoked against Kumar, despite not meeting the necessary criteria. This charge was eventually dropped due to the lack of supporting evidence. Kumar had approached the Uttarakhand High Court seeking the cancellation of the FIR, but the court had denied his request and instructed him to cooperate with the ongoing investigation. Additionally, the High Court had prohibited Kumar and another person from making public statements or uploading content related to the case on social media. The incident gained significant attention after videos of Kumar confronting the Bajrang Dal members surfaced online. In one clip, Kumar is seen questioning why other shops could use the term "Baba" but Ahmed's shop could not, and he stated that the shop had been operating for over 30 years. When asked for his name, Kumar responded, "My name is Mohammad Deepak," explaining that he wanted to emphasize his identity as an Indian citizen rather than being defined solely by his religion. Kumar later posted a video on social media stating that he considered himself neither Hindu, Muslim, Sikh, nor Christian, but primarily a human being accountable to God and humanity. He emphasized that no one should be targeted based on their religion, regardless of whether they were Hindu or Muslim. The incident sparked widespread public support for Kumar, leading to meetings with prominent political figures such as Congress leader Rahul Gandhi, who praised Kumar's courage and described his gym as a "shop of love." CPI(M) MP John Brittas also visited Kumar's gym, taking membership and calling him a "beacon of hope." At least 15 Supreme Court advocates collectively purchased annual memberships at Kumar's gym, offering legal support amid significant financial losses caused by declining membership numbers. Kumar's Hulk Gym, which had around 150 regular members, faced substantial financial strain following the incident.