The Delhi High Court recently denied a request to dismiss an FIR against a man accused of leveraging Prime Minister Narendra Modi’s name and image to solicit funds via a YouTube advertisement and national news channels. It’s alleged that he operated a trust under the PM’s surname and was arrested on February 9.
Despite being granted bail, the court, led by Justice Amit Mahajan, rejected Pawan Pandey’s plea to quash the FIR filed by the Special Cell of Delhi Police last year. Justice Amit Mahajan stated that specific accusations were made against the petitioner for soliciting donations and funds using the Prime Minister of India’s surname.
“The picture of the Hon’ble Prime Minister has also been used, whereas, admittedly, the petitioner’s surname is not ‘MODI’. The advertisements have been broadcasted on YouTube and other National News channels with the picture of the Hon’ble Prime Minister,” Justice Mahajan said in the order.
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The bench held, “The allegations, therefore, are that the petitioner is dishonestly inducing people to deliver the property in the form of donations. The FIR, therefore, discloses commission of cognizable offences.”
“When the allegations, as noted in the FIR, disclose the commission of cognizable offence, the Court is not required to consider on merits, whether the allegations make out a cognizable offence or not at the initial stage and the Court has to permit the investigating agency to investigate,” the bench said.
The FIR stemmed from a complaint filed by the Ministry of Home Affairs, alleging that the petitioner operated an NGO under the name “Modi Charitable Trust” and misrepresented its association with PM Modi. It was claimed that the petitioner used both his and PM Modi’s images on national news channels to deceive the public, as evidenced by an advertisement featuring both individuals alongside the Trust’s name.
The petitioner, in seeking the FIR’s dismissal, argued that the Trust was registered with different social objectives such as education, establishing schools, and providing hostels and libraries. They contended that the FIR failed to disclose any criminal offense, particularly under Section 420/419 of the IPC.
Additionally, they claimed the FIR was lodged with the intent to harass and humiliate them, thus warranting its quashing. Conversely, the State’s Additional Standing Counsel asserted that the petitioner deceitfully induced the public by operating the NGO “Modi Charitable Trust,” which implies an association with PM Narendra Modi due to the usage of his surname. The petitioner’s surname, “Pandey,” bears no connection to “Modi,” indicating malicious intent on their part, according to the ASC’s argument.
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