It said that the petitioner must be “extra acutely aware” as his statements carry weight. (File)
New Delhi:
The Delhi Excessive Courtroom 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, looking for to quash the FIR registered in Might 2022 below sections Sections 153A and 295A of the Indian Penal Code and mentioned, prima facie, the petitioner created disturbance within the concord of the society and submit was made with the intention to harm the feelings 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 individual, being a professor or an mental, has the best to make “such kind 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, have 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 totally different communities. Furthermore, the act of the petitioner by making repeated feedback, even after registration of the FIR additional reveals the deliberate and prison act of the petitioner which positively 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 mentioned that as a historian and educator, the petitioner owed a better accountability to the society at giant as he was a job mannequin for the extraordinary lots.
It said that the petitioner must 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 mentioned act of the petitioner was achieved with the intent, foresight and chance of making disturbance and disharmony within the society, thereby, inflicting unrest,” the court docket mentioned. The FIR was registered in opposition to the petitioner after a criticism 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 subsequent day.
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