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Additional Sessions Judge Sanjay Sharma of Delhi’s Tis Hazari Court has stayed the operation of an order which directed the Delhi Police to register a FIR against BJP Spokesperson Sambit Patra for allegedly publishing a fabricated video of Chief Minister Arvind Kejriwal on social media.

The Court issued notice on the revision petition filed by Sambit Patra assailing the order of Metropolitan Magistrate Rishabh Kapoor.

The original case was filed by Atishi of Aam Aadmi Party alleging that the video published on Patra's twitter handle intends to cause provocation against Kejriwal amongst the Farmers.

The Metropolitan Magistrate’s said:

"The above discussed facts clearly reveal that the impugned video was manipulated/doctored in such a way to give it a color as if Mr. Kejriwal was endorsing his support in favour of the farm laws. The fact that the impugned video was published on the twitter handle of proposed accused with the caption "teeno farm bills ke laabh ginate hue... Sir jee", prima facie proves that same was circulated on twitter with no intention but to cause the protesting farmers to believe that Mr. Kejriwal is supporting the farm laws, which may have perpetuated the state of outrage with the protesting farmers and may have resulted in rioting like situation across the nation."

The revision plea contends that Metropiltan Magistrate has failed to take into consideration the real meaning of manipulated media and equated the same with forgery.

“If any tweet is branded as manipulated media, it has one and simple meaning that the media is not authenticated one and it is for the persons who read it to rely upon it with caution. When it was already termed manipulate media, then there is no question arises of cheating or forgery as alleged by Respondent No. 2," the plea states.

While posting the matter for January 10th, Judge Sharma issued notice of the petition and stated:

“In the meanwhile, the operation of the impugned order dated 23.11.2021 is stayed,"

Sambit Patra v. State & Anr.