Prima Facie Disturbed Harmony In Society: Delhi HC Refuses To Quash FIR Against DU Professor Over Post Relating To Gyanvapi Mosque

The Delhi High Court has refused to quash an FIR registered against Ratan Lal, a professor of history at Delhi University, over a social media post in relation to the controversy regarding Gyanvapi Mosque prima facie observing that he had created disturbance of harmony in the society. 

In 2022, posted on Twitter and Facebook regarding the presence of Shiva Linga like structure found in the Gyanvapi Mosque. The post read as “Yadi yeh Shiv Ling hai to Lagta hai shayad Shiv ji ka bhi khatna kar diya gaya tha.”

Justice Chandra Dhari Singh said this Court is of the view that "prima facie", Lal created "disturbance of the harmony" of the society and that his tweet or post were made with the "intention to hurt the sentiments" of a large number of the society.

“… and 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,” the Court said.

It noted that Lal, being a historian and an educator, owes a greater responsibility to the society at large as he is a role model for the ordinary masses.

Furthermore, the Court observed that an intellectual person is instrumental in guiding others and the society at large and thus, he should be more conscious while giving such type of statements in a public domain.

“In view of the same, this Court is of the considered view that while both the aforesaid provision aims 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 said.

Justice Singh also said that the remarks made by Lal were contrary to the beliefs and customs followed and practiced by the worshippers and believers of “Lord Shiva or 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,” the Court said.

It added: “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.”

Lal was granted bail by the trial court on May 21, 2022.

Counsel for Petitioner: Mr. Aditya Kumar Choudhary, Mr. Sandeep Pandey, Mr. Aditya Anand Singh and Mr. Anurag Yadav, Advocates

Counsel for Respondents: Mr. Yudhvir Singh Chauhan, APP for the State; Mr. Shiwal Bhalla, Respondent No.2 in person

Title: DR. RATAN LAL v. STATE GOVT. OF NCT OF DELHI & ANR.

Citation: 2024 LiveLaw (Del) 1367

Click here to read order