The Delhi High Court has refused to quash an FIR registered against a DU professor for his alleged objectionable social media post on the presence of a ‘shiva linga’ in Varanasi’s Gyanvapi Mosque.
Justice Chandra Dhari Singh dismissed the petition by Dr Ratan Lal, seeking to quash the FIR registered in May 2022 under sections Sections 153A and 295A of the Indian Penal Code and said, prima facie, the petitioner created disturbance in the harmony of the society and post was made with the intention to hurt the sentiments of a large number of the society.
The judge, who noted the etymology and belief associated with ‘Shiva Linga’ in the judgement passed on December 17, emphasised that no person, being a professor or an intellectual, has the right to make “such type of comments, tweets or posts” as the freedom of speech and expression was not absolute.
The act and remarks made by the petitioner, Justice Singh opined, were contrary to the beliefs and customs followed and practised by the worshippers and believers of ‘Lord Shiva/Shiva Linga’.
“Whatever content was posted by the petitioner not only hurts the religious sentiments of the complainant but also promotes hatred, enmity and communal tensions among two different communities. Moreover, the act of the petitioner by making repeated comments, even after registration of the FIR further shows the deliberate and criminal act of the petitioner which definitely attracts the applicability of Sections 153A and 295A of the IPC,” the court stated. “Accordingly, the instant petition stands dismissed,” it ordered. The court further said that as a historian and educator, the petitioner owed a greater responsibility to the society at large as he was a role model for the ordinary masses.
It stated that the petitioner should be “more conscious” as his statements carry weight and power to influence others.
The court also opined that merely stating that no unrest or disharmony happened in the society was not a ground for quashing an FIR registered.
“Mere nonoccurrence of unrest in the society does not negate the criminality of the petitioner’s act as the said act of the petitioner was done with the intent, foresight and possibility of creating disturbance and disharmony in the society, thereby, causing unrest,” the court said. The FIR was registered against the petitioner after a complaint was made against him to the police.
The petitioner was arrested in relation to the FIR on May 20, 2022 and was granted regular bail by a court the next day.
