SC asks UP BJP spokesperson-advocate to tender apology for tweet

The Supreme Court on Thursday asked Uttar Pradesh BJP spokesperson and advocate Prashant Umrao to tender an apology for his tweet related to alleged attack on Hindi speaking migrant labourers in Tamil Nadu.

A bench of Justices B R Gavai and Pankaj Mithal modified the Madras High Court's order which imposed a condition that he would appear before the Investigating Officer everyday five hours for 15 days.

The court directed Umrao, also standing counsel for Goa, to appear before the police on Monday, acting on his plea against the High Court's order.

After hearing senior advocate Sidharth Luthra for Umrao and senior advocate Mukul Rohatgi for Tamil Nadu, the bench issued notice to the state government. The court also asked Umrao to tender apology for his tweet.

"What is his standing in Bar," the bench asked Luthra who said it is seven years.

"He should have been more responsible," the bench said, adding, "he should tender apology before the next date".

In his plea, he sought clubbing of multiple FIRs registered by Tamil Nadu police over his tweet made on March 7, 2023.

Luthra said the State has filed multiple FIRs for the tweet which he had already deleted.

"I have got protection in one FIR. If I appear before police as per bail condition, I will be arrested in other FIRs," he said.

"There was a tweet by various media agencies. I also tweeted. Then there was an inaccuracy and I deleted the tweet on realising that. Now there are multiple FIRs harassing the young man," the counsel added.

"We don't know why people become so fussy these days? Why should we be so sensitive," the bench said as Rohatgi submitted that Umrao has not appeared even once before the police and has not given an affidavit which he was supposed to.

Rohatgi submitted that he should at least comply with the other conditions.

He also said there is no other FIR in which Umrao has been named.

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The court, as an ad-interim measure, ordered that the anticipatory bail granted by the High Court would be applicable to any other FIR registered in the State of Tamil Nadu with respect to the same cause of action.

In the order granting anticipatory bail, the High Court had on March 21 had imposed several conditions including that he would appear before the police for 15 days.

The HC had also ordered him to give an undertaking that he would not tweet or forward any such message "to promote enmity between different groups on grounds of religion, race, place of birth, residence, language etc".

An FIR was lodged by the Thoothukudi Central police against him for allegedly spreading wrong information, under IPC sections 153 (wantonly giving provocation with intent to cause riot), 153A, 504 (intentional insult to provoke breach of the peace) and 505 (statements conducing to public mischief).