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Keywords: Psychiatric, Apex court, conspiracy, investigation , prosecution, cyberthreat , public security

In a significant development, the Supreme Court has ordered a comprehensive psychiatric evaluation of a 22-year-old man accused of threatening to kill Uttar Pradesh Chief Minister Yogi Adityanath through a bomb blast last year. The accused, identified as Sarfaraz, allegedly made the threat through social media platforms and WhatsApp.

The apex court, presided over by a bench of justices, issued the directive on Wednesday, instructing the state government to ensure a thorough psychiatric assessment of the accused. The purpose of this evaluation is to gain insights into Sarfaraz’s mental health, as argued by the defense counsel, who contended that the accused may not have been in a sound state of mind when making the threats.

The plea for a psychiatric evaluation was raised by the defense during proceedings challenging the Allahabad High Court’s decision to deny bail to Sarfaraz. The defense emphasized that the accused, being a young individual, might not be prone to repeating such offenses, urging the court to consider his mental state at the time of the incident.

Sarfaraz’s legal team argued that a psychiatric evaluation would shed light on whether he was in a fit mental state when he posted the threat messages. The defense also asserted that the accused may not have fully understood the consequences of his actions.

However, the state counsel presented a counter-argument, highlighting the severity of the offense. The prosecution maintained that the threat made by Sarfaraz should not be taken lightly, suggesting the possibility of a larger conspiracy behind the threat against Chief Minister Yogi Adityanath.

The state counsel further revealed that the investigation had uncovered the use of fake identifications to obtain mobile numbers and the utilization of a hotspot to send threatening messages to the police helpline number 112. The intention, as per the prosecution, was to create chaos and panic among the public.

In light of these findings, the accused now faces charges under Section 66F of the Information Technology Act, 2000, which deals specifically with cyberterrorism. Additional Advocate Generals (AAG) Sharan Thakur and Satwik Misra, representing the state, apprised the court of the seriousness of the offense, emphasizing the premeditated nature of the act.

The Supreme Court has instructed that the psychiatric evaluation be conducted promptly, with the state government officials directed to submit the comprehensive report to the court upon completion. The case remains a focal point of attention, given its potential implications on matters of cyberthreats and public security.

REFRENCE- 

 Indiatoday.in , https://www.indiatoday.in/law/story/supreme-court-yogi-adityanath-uttar-pradesh-death-threat-accused-mental-health-2466310-2023-11-22

Written by : shalmali ugare, College : DES navalmal Firodia law college , Pune, Sem: 3rd intern under legal vidhiya

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