'Absurdity' : Supreme Court Quashes FIR Which Alleged Book In Indore Law College Library Hurt Religious Sentiments

The Supreme Court on Tuesday ( May 14) quashed the FIR and criminal proceedings lodged over the keeping of a book titled "Collective Violence and Criminal Justice System" authored by Dr. Farhat Khan, in the library of the Government Law College, Indore.  The FIR was lodged alleging that the book was 'Hinduphobic' and 'anti-national'

The bench of Justices B. R. Gavai and Sandeep Mehta was hearing a Special Leave Petition filed by Dr. Inamur Rahman, Principal of the Government New Law College, Indore against the April 30, 2024 order of a Single Judge of the Madhya Pradesh High Court refusing to stay the FIR against him

At the outset, Justice Gavai asked, “Why is the state (of Madhya Pradesh) interested in getting an Additional Advocate General to appear in such a matter?! That too on caveat?! Clearly, it seems to be a case of persecution! Somebody is interested in troubling him (the petitioner)! We will issue notice against the IO (Investigating Officer)! Why is the state interested in filing a caveat?”.

 “There are other instances also where the state appears in similar matters,” the bench was told.

“In similar matters?!”, exclaimed Justice Gavai

In its order, the bench dictated, “We have seen the syllabus which has been approved by the Academic Council. The syllabus contains a subject on 'Collective Violence and Criminal Justice System'…”

Continuing, the bench of Justices Gavai and Mehta recorded, “The petitioner who was the principal of the Government New Law College, Indore is facing FIR of offences punishable under section 153A, (…), read with section 34 of the IPC on the allegation that the book on the aforesaid subject has been found in the library of the College”

The bench then proceeded to note, “The learned Single Judge has refused to grant interim relief only on the ground that the petitioner has already been granted benefit of anticipatory bail. The learned Single Judge has only adjourned the matter by 10 weeks without considering the prayer for interim relief”

In this context, the bench observed that “The jurisdiction of the High Court under section 482 of the Cr. P. C. is to prevent abuse of process of law and miscarriage of justice”. The bench stated, “We find that even in such frivolous matters, the learned Single Judge of the High Court has failed to exercise the jurisdiction vested in him.”

“Normally in such matters, we would have granted notice and stayed the FIR. However, since the state has chosen to file a caveat and appear through the learned Additional Advocate General, we are inclined to grant leave in the matter”, stated the bench of Justices Gavai and Mehta in its order

The bench wenton to assert that “Perusal of the FIR would reveal that the FIR is nothing but an absurdity” and that “The FIR taken on its face value does not disclose the ingredients of any of the offences”

“This is a fit case where the court would exercise its jurisdiction under Article 142 and close the proceedings to prevent abuse of law and miscarriage of justice. Allowing the appeal, we, therefore, quash and set aside the FIR dated (…)”

The criminal complaint was filed by one Lucky Adiwal, an LLM student and Akhil Bharatiya Vidyarthi Parishad (ABVP) leader. Dr. Mirza Moziz Beg, an assistant professor at the college, the author and the publisher of the book were the co-accused apart from Rahman.

Adiwal accused them of promoting enmity between different groups and hurting religious feelings.  On the basis of the written complaint made by the complainant Lucky, offence was registered against the SLP petitioner at police station - Bhanwarkua, Indore under sections 153-A, 153-B, 295-A, 500, 504, 505, 505(2) read with section 34 of IPC.

According to ABVP, the book contained objectionable material against Hindus and the Rashtriya Swayamsevak Sangh. Pursuant to massive protests staged on the college campus by ABVP, Beg, Rahman, and three others faced disciplinary action. Rahman (principal) resigned from his post. On the strength of a report submitted by a seven-member committee, the higher education minister, Mohan Yadav, suspended Beg and Rahman with immediate effect and terminated the services of the three other faculty members involved in the row. 

Earlier, in December, 2022, the Supreme Court had granted Rahman interim protection from arrest after the Madhya Pradesh High Court refused to grant him interim relief. Subsequently, he was granted anticipatory bail by the High Court. In December 2022, the State Counsel informed a division bench of the Apex court that the state intended to challenge the High Court order, Chief Justice D.Y. Chandrachud expressed his incredulity. He exclaimed, “States must have other serious things to do. A book, that was purchased in 2014, is found in the library which is said to have communal undertones. Therefore, the principal is sought to be arrested. Are you serious?”  

The Court had also granted anticipatory bail to Dr. Mirza Moziz Beg (Co-accused) in April 2023. 

Case Details : INAMUR RAHMAN VS. STATE OF M.P. SLP(Crl) No. 006931 - / 2024