Arrest of Vijay Singh Yadav

On 9 February 2021, Indian advocate Vijay Singh Yadav was arrested for sending a birthday wish to a judge.[1][2] He spent four months in jail before his release was granted on 15 June.[3][4][5]

Arrest of Vijay Singh Yadav
Date9 February 2021
LocationRatlam, Madhya Pradesh
TypeArrest
Arrests1
ChargesCheating and dishonestly inducing delivery of property
Forgery of valuable security
Forgery for purpose of cheating
LitigationAt the Madhya Pradesh High Court

People involved

Vijay Singh Yadav

Vijay Singh Yadav is a lawyer who practiced in the Ratlam District court in Madhya Pradesh,[6] who sent the greeting of issue in this case. He has four children.[3] The 37-year-old lawyer allegedly downloaded a photo of Judicial Magistrate First Class Mithali Pathak[1][7][8] from her facebook account and used it to make a greeting card which he then sent to her on her official email address on 29 January. The greeting was sent via email and on the next day by speed-post.

Vijay says the image was downloaded from Google.[3][9] According to Yadav's brother Jay, a day after the birthday card, Yadav had submitted a 'private complaint' to the Chief Judicial Magistrate against the judge, which Yadav's bail plea says led to the false allegation[10][11]

Arrest

Events preceding the arrest

On 28 January 2021, Vijay allegedly send a birthday greeting to the Judicial Magistrate First Class that included a photo that was allegedly downloaded from her facebook account and attached. The same was sent via a speed-post later.[1][3] Following this, she reported to the Station Road Police Station in Ratlam.[6]

Subsequently, a first information report was lodged on charges of, inter alia, sections 420 (cheating and dishonestly inducing delivery of property), 467 (Forgery of valuable security), and 468 (forgery for purpose of cheating) of the Indian Penal Code, as well as various provisions of the Information Technology Act, 2000.[3][12]

Arrest and bail requests

Yadav was arrested at his home by Ratlam Police on the aforementioned charges on 9 February. Four days after the arrest, his family members approached a lower court for bail, which was rejected.[1][13] They subsequently appealed to the High Court, which was rejected on 27 April. In his bail plea on 13 February, Yadav claimed that he had sent the birthday greeting to her official email ID, as a social worker and president of Jai Kul Devi Sewa Samiti Ratlam, a social ground, and not as an individual.[14] The high court ordered a medical examination of Yadav to check his mental health, and said his actions caused great embarrassment to the judge.[2][15][16]

The family then filed a second application for bail, which was finally granted.[3][17] After spending more than four months in jail, Vijay was released on 15 June.[3][17]

References

  1. "Madhya Pradesh: Lawyer jailed for sending birthday wishes to judge, HC to hear bail plea tomorrow". India Today. 2 March 2021. Retrieved 20 June 2021.
  2. Upadhyay, Sparsh (29 March 2021). "MP High Court Directs 'Mental Check-Up' Of Advocate Who Allegedly Sent Objectionable Birthday Messages To Lady Judge". www.livelaw.in. Retrieved 21 June 2021.
  3. "MP lawyer, jailed for sending 'indecent' birthday message to judge, gets bail". Hindustan Times. 19 June 2021. Retrieved 20 June 2021.
  4. "Indore: Lawyer in jail for sending indecent birthday message to woman judge gets bail". Free Press Journal. Retrieved 21 June 2021.
  5. "Indore News: महिला जज को मैसेज भेजने वाले वकील को मिली जमानत". Nai Dunia (in Hindi). 20 June 2021. Retrieved 21 June 2021.
  6. "Lawyer arrested after lady judge files complaint". deccanexpress.co. 1 March 2021. Retrieved 21 June 2021.
  7. Kakvi, Kashif (2 March 2021). "Ratlam: MP Advocate Arrested for Sending Birthday Wishes to Judge". TheQuint. Retrieved 21 June 2021.
  8. "MP News: महिला जज को बर्थडे विश भेजने वाले वकील को मिली जमानत, हाईकोर्ट ने दी ये चेतावनी". Navbharat Times (in Hindi). Retrieved 21 June 2021.
  9. "Lawyer Sent To Jail For Downloading Female Judge's Photo From Facebook & Sending Her Birthday Greeting". Mens Day Out. 5 March 2021. Retrieved 21 June 2021.
  10. "Mental check-up needed of lawyer jailed for sending 'indecent message' to judge: Madhya Pradesh HC". The Indian Express. 30 March 2021. Retrieved 21 June 2021.
  11. "Ratlam lawyer in jail for using FB profile image of woman magistrate in b'day greeting without permission, indecent message". India Legal. 2 March 2021. Retrieved 21 June 2021.
  12. Kumar, Niraj (19 June 2021). "जज साहिबा को जन्मदिन की 'बधाई' भेजने वाले वकील को राहत, हाईकोर्ट से जमानत मिली". India TV Hindi (in Hindi). Retrieved 21 June 2021.
  13. "The state of Madhya Pradesh has granted bail to a lawyer who was imprisoned for sending birthday greetings to a judge". lawsisto.com. Retrieved 20 June 2021.
  14. "Lawyer Sent To Jail For Downloading Female Judge's Photo From Facebook & Sending Her Birthday Greeting". Mens Day Out. 5 March 2021. Retrieved 21 June 2021.
  15. "MP Lawyer, in Jail for Sending Indecent Message to Woman Judge, Gets Bail". The Wire. Retrieved 21 June 2021.
  16. "Madhya Pradesh: Advocate jailed for 4 months for birthday wishes to woman judge gets bail". The Times of India. 19 June 2021. Retrieved 21 June 2021.
  17. Ahmed, Areeb Uddin. "Madhya Pradesh grants bail to lawyer who was jailed for sending birthday wishes to judge". Bar and Bench - Indian Legal news. Retrieved 20 June 2021.
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