A legal petition seeking the registration of a criminal case against Nishu Azad and his father Sanjay Azad has reached the Patiala House Court in Delhi over allegedly objectionable social media remarks targeted at Hindu deities. The matter has been formally placed before the Chief Metropolitan Magistrate, with proceedings scheduled for hearing on September 23, 2026.
Supreme Court Advocate Moved Court After Police Complaint
The judicial action follows an initiative taken by Amita Sachdeva, an Advocate-on-Record at the Supreme Court. Prior to moving the court, she had submitted a formal complaint on September 5 at the New Delhi District Cyber Police Station requesting that an FIR be lodged against both individuals. The petitioner approached the magisterial court after the police authorities did not initiate the expected action on the complaint.
According to the petition, derogatory and offensive material was posted through Nishu Azad's social media handle targeting revered Hindu figures. The plea specifically cites posts that allegedly made controversial references to Lord Shiva, Lord Krishna, Goddess Saraswati, and Goddess Durga.
Invocation of BNS Sections on Communal Harmony
The petitioner has sought legal action under multiple sections of the Bharatiya Nyaya Sanhita (BNS) along with relevant provisions of the Information Technology Act. The primary invoking includes Section 196 of the BNS, which deals with promoting enmity between different groups on grounds of religion, and Section 299, which penalises deliberate acts intended to outrage religious feelings.
Furthermore, reference has also been made to Section 353 of the BNS within the legal submission. The core focus of the allegations, however, remains centered on the contentious social media output and the resulting hurt to religious sentiments. Whether these penal sections will be formally applied depends on the forthcoming judicial review and police assessment.
Preservation of Digital Footprints and IP Logs
Highlighting the critical role of electronic data in cyber offences, the application urges the court to ensure the immediate preservation of digital materials. This includes securing the exact social media posts, platform records, associated IP logs, and corresponding technical metadata.
The plea highlights that preserving these electronic footprints without delay is vital for any subsequent investigation, preventing potential deletion, tampering, or loss of primary electronic evidence before the court evaluates the matter further.
