The Aryavarth Express
Agency(New Delhi): The Delhi High Court has declined to dismiss a First Information Report (FIR) against an individual accused of fraudulently encouraging people to donate to his non-governmental organization by utilizing the image and last name of Prime Minister Narendra Modi.
The court indicated that the FIR reveals the potential commission of recognizable crimes, and it is the police’s legal obligation and duty to probe thoroughly.
Currently, the investigation is in its early phases, and the court emphasized that it should not impede the investigative process under Section 482 of the Criminal Procedure Code.
The court highlighted, “Accusations specifically state that the individual is soliciting contributions using the last name of the Honorable Prime Minister. The image of the Prime Minister is also being exploited, even though the accused does not share the surname ‘MODI.'”
It was noted that advertisements were aired on YouTube and various national news channels featuring the Prime Minister’s image, suggesting the person was deceitfully persuading the public to make donations. Thus, the FIR sufficiently shows the commission of recognizable offenses, as stated by Justice Amit Mahajan in a decision last month.
In the face of these allegations, the court must allow the investigative agency to proceed without assessing the merit of the allegations at this preliminary phase.
Consequently, the court decided that this case does not warrant the dismissal of the FIR.
The complaint leading to the FIR was lodged in September 2023 by the special cell of the Delhi Police, accusing Pawan Pandey of crimes related to impersonation and dishonestly obtaining property under the Indian Penal Code.
The FIR originated from a complaint by the deputy secretary of the Ministry of Home Affairs, claiming that Pandey was misleading the public by operating a non-governmental organization under the guise of the ‘Modi Charitable Trust’ and using the Prime Minister’s image misleadingly.
The allegations highlighted that Pandey juxtaposed his image with that of the Prime Minister in advertisements promoting the trust on various news platforms, thereby deceiving the public.
Pandey, who was arrested on February 9, managed to secure bail on February 26. He attempted to get the FIR dismissed, arguing that the ‘Modi Charitable Trust’ had legitimate social goals and that the allegations did not substantiate a criminal act. However, the prosecution maintained that he exploited the Prime Minister’s name for personal gain, stressing that Pandey’s actual surname, ‘Pandey,’ had no link to ‘Modi’, bolstering the case against him.
