Burning effigy can't be termed mock funeral: HC

The high court has now listed the hearing in the case after six weeks.

The Allahabad High Court today held that burning an effigy of a living person during a protest cannot be termed a mock funeral, which is against the law.

Justice J J Munir stayed the criminal proceeding in an Additional Chief Judicial Magistrate's court in Etah, which is hearing a case against 20 people who had allegedly burnt an effigy of Samajwadi Party leader Akhilesh Yadav.

The high court has now listed the hearing in the case after six weeks.

"Burning of the effigy of a living person is not prima facie an offense under Section 6 of the United Provinces Special Powers Act of 1932, which makes organizing the mock funeral of a living person an offense punishable with three months' imprisonment along with a fine," observed Justice Munir.

He issued a notice to Dharmendra Singh Yadav who had lodged the FIR.

It related to a BJP protest in November 2014, when 20 party workers allegedly blocked a road in Etah district and burnt the effigy of the then Uttar Pradesh chief minister Akhilesh Yadav.

The counsel representing them contended that burning an ordinary effigy in a standing position did not resemble any ceremony associated with death.

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