Delhi High Court: A petition was filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) earlier Section 482 of Criminal Procedure Code (CrPC) by the petitioner seeking to quash the FIR registered for the offences punishable under Sections 153-A and 295-A of Penal Code, 1860 (IPC). Chandra Dhari Singh, J., refused to quash the FIR as prima facie, the actions and tweet/post made by the petitioner created disturbance of the harmony of the society with intent to hurt the sentiments of a large number of the society.
The petitioner is an Assistant Professor of History at Hindu College, University of Delhi, with over two decades of teaching experience. On 14-05-2022, the petitioner made a tweet via his Twitter handle and made a post on his Facebook account regarding the presence of the ‘Shiva Linga’ like structure found in the Gyanvapi Mosque in Varanasi, Uttar Pradesh. The said tweet/post reads as “Yadi yeh Shiv Ling hai to Lagta hai shayad Shiv ji ka bhi khatna kar diya gaya tha”. Based on the aforesaid tweet/post, the complainant was filed which led to the registration of FIR dated 18-05-2022 against the petitioner under Sections 153-A and 295-A of IPC. The petitioner was arrested and was granted regular bail by the Court. In the meanwhile, the petitioner applied for visa for the United Kingdom, however, received an email from the British High Commission, New Delhi that verification is required from the police which was ultimately rejected. Moreover, it is stated that on 07-07-2023, the petitioner’s promotion as professor was also kept pending by the principal stating the reason that the petitioner is an accused in the impugned FIR. Being aggrieved by the aforesaid, the petitioner filed the instant petition.
The Court noted that the act of the petitioner, by making posts on Twitter and Facebook, with a photo of the ‘Shiva Linga’ with derogatory remarks not only shows that there is a visual representation in terms of Sections 153-A and 295-A IPC, but also shows the deliberate and malicious intent on the part of the petitioner. The Court also noted that the act and remarks made by the petitioner are contrary to the beliefs and customs followed and practiced by the worshippers and believers of ‘Lord Shiva/Shiva Linga’. Thus, the same shows that 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 153-A and 295-A of the IPC.
The Court observed that on perusal of provision of Section 153-A of IPC shows that the same criminalizes the act committed by a person that promotes enmity between different groups on grounds such as religion, race, language, case, or community. The said provisions are intended to maintain public tranquility and communal harmony. On perusal of Section 295-A IPC, to constitute an offence thereunder, the act must be committed with deliberate intent and malicious purpose. Therefore, Section 153-A IPC mandates the presence of mens rea, requiring that the accused has acted with the malicious intent or knowledge that their actions could incite hatred or disrupt public tranquility and create disharmony.
The Court opined that while both the provisions aim to prevent the misuse of freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution, it is subject to reasonable restrictions under Article 19(2).
The Court concluded that upon perusal of the contents made in the FIR, petition as well as the status report and the settled position of law, there was prima facie case that the petitioner created disturbance of the harmony of the society and the said tweet/post were made with the intention to hurt the sentiments of a large number of the society and remarked “no person being a Professor, Teacher, or an intellectual has the right to make such type of comments, tweets or posts as the freedom of speech and expression or any type of freedom is not absolute.”
Thus, the Court did not find any merit in the present petition to exercise the inherent powers of the Court.
[Ratan Lal v. GNCTD, 2024 SCC OnLine Del 9002, decided on 17-12-2024]
Advocates who appeared in this case :
Mr. Aditya Kumar Choudhary, Mr. Sandeep Pandey, Mr. Aditya Anand Singh and Mr. Anurag Yadav, Advocates for petitioner
Mr. Yudhvir Singh Chauhan, APP for the State Mr. Shiwal Bhalla, Respondent No.2 in person
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