Court Refuses To Cancel Case Against Delhi University Professor For “Shiva Linga” Post

New Delhi:

The Delhi Excessive Court docket has refused to quash an FIR registered in opposition to a DU professor for his alleged objectionable social media submit on the presence of a ‘shiva linga’ in Varanasi’s Gyanvapi Mosque.

Justice Chandra Dhari Singh dismissed the petition by Dr Ratan Lal, searching for to quash the FIR registered in Might 2022 beneath sections Sections 153A and 295A of the Indian Penal Code and stated, prima facie, the petitioner created disturbance within the concord of the society and submit was made with the intention to harm the emotions of numerous the society.

The choose, who famous the etymology and perception related to ‘Shiva Linga’ within the judgement handed on December 17, emphasised that no particular person, being a professor or an mental, has the suitable to make “such sort of feedback, tweets or posts” as the liberty of speech and expression was not absolute.

The act and remarks made by the petitioner, Justice Singh opined, had been opposite to the beliefs and customs adopted and practised by the worshippers and believers of ‘Lord Shiva/Shiva Linga’.

“No matter content material was posted by the petitioner not solely hurts the non secular sentiments of the complainant but in addition promotes hatred, enmity and communal tensions amongst two completely different communities. Furthermore, the act of the petitioner by making repeated feedback, even after registration of the FIR additional exhibits the deliberate and felony act of the petitioner which undoubtedly attracts the applicability of Sections 153A and 295A of the IPC,” the court docket said. “Accordingly, the moment petition stands dismissed,” it ordered. The court docket additional stated that as a historian and educator, the petitioner owed a larger accountability to the society at massive as he was a job mannequin for the bizarre plenty.

It said that the petitioner ought to be “extra acutely aware” as his statements carry weight and energy to affect others.

The court docket additionally opined that merely stating that no unrest or disharmony occurred within the society was not a floor for quashing an FIR registered.

“Mere nonoccurrence of unrest within the society doesn’t negate the criminality of the petitioner’s act because the stated act of the petitioner was carried out with the intent, foresight and risk of making disturbance and disharmony within the society, thereby, inflicting unrest,” the court docket stated. The FIR was registered in opposition to the petitioner after a grievance was made in opposition to him to the police.

The petitioner was arrested in relation to the FIR on Might 20, 2022 and was granted common bail by a court docket the following day.

(Apart from the headline, this story has not been edited by NDTV employees and is printed from a syndicated feed.)