Professor Of Indore Law College Approaches Supreme Court Seeking Anticipatory Bail In Case Over "Hinduphobic" Book In Library

A professor of Indore’s Government New Law College has approached the Supreme Court seeking protection after the Madhya Pradesh High Court rejected his anticipatory bail plea in a case over an alleged "anti-national"  and "Hinduphobic" book found in the college library.

 Chief Justice of India DY Chandrachud agreed on Tuesday to list the petition on February 3, 2023 after Advocate Aljo Joseph mentioned the matter for urgent posting.

The FIR in question was lodged by an LLM student over a book titled "Collective Violence And Criminal Justice System" written by Dr Farhat Khan (Accused 1) and published by Amar Law Publications (Accused 4). The professor who approached the Apex Court today was also arrayed as an accused along with the College's principal. The complainant contended that the book was based upon false and baseless facts, was anti-national in nature, and intended to harm the public peace, integrity, and religious cordiality of India.

As per the MP High Court order, which had rejected the application for anticipatory bail of the Professor –

"The nature of allegation and taking note of the fact that the allegation levelled against the present applicant 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 appears that present applicant is the Professor making statement which promotes enmity, hatred and ill-will between different sections of society, which hurts sentiment of Hindu community."

Earlier, the Supreme Court had heard a petition filed by the now resigned principal of the College, Dr Inamur Rahman who was also seeking protection from arrest in the case. On December 16, 2022, the Court had granted him interim protection from arrest, after the Madhya Pradesh High Court refused him interim anticipatory bail in the case. Later, Dr Inamur Rahman was granted anticipatory bail by the Madhya Pradesh High Court on December 22, 2022. As the Supreme Court was proceeding to dispose of the petition in view of the High Court order, the State's counsel requested the bench to record that the State was intending to challenge the order granting anticipatory bail. The stand of the State took the bench by surprise.

"State must do some more serious stuff. He is a College Principal. Why you are arresting him? A book is found in the library which is said to have some communal undertones. Therefore he is sought to be arrested? The book was purchased in 2014. And he is sought to be arrested? Are you serious?", CJI Chandrachud had asked the State's counsel.