The affidavit said: “In view of the nature of allegations levelled against the petitioner, his physical presence is required for effecting his formal arrest in this case in view of provision laid down in section 18 A (b) of the Scheduled castes and Scheduled Tribes (Prevention of Atrocities) Act 1989”
The Haryana Police Wednesday told the Punjab and Haryana High Court that cricketer Yuvraj Singh used a caste term in a derogatory and abusive way and therefore needs to be arrested in a case filed against him under the SC/ST Act and several sections of the Indian Penal Code.
The affidavit filed by Hansi SP Nitika Gahlaut was submitted before the bench of Justice Amol Rattan Singh.
Claiming that Yuvraj used a caste term in an “abusive and derogatory sense denoting a scheduled caste which resulted in humiliation of the people belonging to the caste”, the affidavit added that “in view of the nature of allegations levelled against the petitioner, his physical presence is required for effecting his formal arrest in this case in view of provision laid down in section 18 A (b) of the Scheduled castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989”.
The police in the affidavit urged that bench that “the petitioner/accused be directed to appear before the Investigating Officer for getting effect his formal arrest in this case”.
The Punjab and Haryana High Court is listening to a plea by the cricketer seeking quashing of the FIR against him.
Yuvraj was booked under Sections 153 A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc, and doing acts prejudicial to maintenance of harmony), 153 B (imputations, assertions prejudicial to national integration) of the Indian Penal Code, read with Section 3 (1) (u) of the Scheduled Castes and the Scheduled Tribes (Prevention and Atrocities) Act on the complaint of a Hansi-based lawyer and activist, Rajat Kalsan.
Kalsan, through his counsel Advocate Arjun Sheoran, had alleged that Yuvraj, during an Instagram Live with India team cricketer Rohit Sharma, had made an objectionable remark while referring to another player.
In the quashing petition filed by Yuvraj, through his counsel Puneet Bali and Vibhav Jain, contended that the term was not intended to hurt the sentiments of any community or person(s), whereas it was only a friendly comment made by the petitioner to his friends and colleagues, who are not part of the respected Dalit community.
On Wednesday, the affidavit by Hansi SP further mentioned that so far as the investigation of the case is concerned, on September 4, 2021, a mobile phone was recovered from accused, and further on September 22, 2021, the recovered mobile phone was sent to Cyber Forensic Science Laboratory, Panchkula for
retrieving the data to know on the date of incident which Instagram account was active, to know from how many days this Instagram account was active, and about any video recording of live chat of dated April 7, 2020. It was submitted that the examination result of CFSL, Panchkula, is still pending.
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