Supreme Court Grants Anticipatory Bail To Indore Law College Professor In Case Over 'Hinduphobic' Book In Library

The matter was listed before a Bench comprising Justice AS Bopanna and Justice Dipankar Datta. In February, 2023 the Apex Court issued notice and sought response of the State of Madhya Pradesh.

The complaint against Beg and others accused persons, including the author and the publisher of the book, and the principal of the law college, Dr. Inamur Rahman, was lodged by one Lucky Adiwal, an LLM student and Akhil Bharatiya Vidyarthi Parishad (ABVP) leader. Adiwal accused them of promoting enmity between different groups and hurting religious feelings. 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) was forced to resign 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.

In the Special Leave Petition, Beg denied all the charges levelled against him, maintaining that the book was bought in 2014, long before he joined the college on a contractual basis or when he was engaged as a permanent member of the faculty. He pointed out that the book has been a part of the master’s curriculum for more than 18 years and taught to all postgraduate students specialising in Criminal Law across the state of Madhya Pradesh.

“Academic freedom and a book published by someone in 2014 cannot be the basis of a first information report when the petitioner has no connection or remote knowledge of the book,” Beg has asserted.

The present appeal has been preferred against an order of the Madhya Pradesh High Court, by which Beg’s application for anticipatory bail was rejected. The High Court had held -

“taking note of the fact that the allegation is that being a professor in the law college, he incited the students of the college to read controversial book available with the library with an intention to spread hatred in the mind of student of Hindu religion.”

It had further observed -

“It appears that present applicant is the professor making a statement which promotes enmity, hatred and ill-will between different sections of society, which hurts sentiment of Hindu community.”

Earlier, in December, 2022, the Supreme Court had granted Rahman interim protection from arrest after Madhya Pradesh High Court refused to grant him interim relief. Subsequently, he was granted anticipatory bail by the High Court. When 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?”

Advocate Aljo K Joseph appeared for the petitioner.

[Case Title: Mirza Moziz Beg v. State of Madhya Pradesh SLP(C) No. 1601 of 2023]