The Delhi High Court has refused to quash an FIR registered against a faculty member of a Hindu college for allegedly hurting religious sentiments.
The Court noted that crimes punishing deliberate and malicious attempts to offend religious sentiments “balance the right to freedom of expression with the maintenance of social harmony”.
Justice Chandradhari Singh’s court was hearing a plea by Assistant Professor of History Ratan Lal, who was booked after he claimed on social media that a Shivlinga was found inside Gyanwapi Masjid on May 14, 2022. An FIR was filed on May 18 under IPC Sections 153A (promoting enmity between different groups) and 295A (willful and malicious acts intended to outrage religious sentiments) and subsequently, arrested on May 20 before being released on bail the next day.
“…In the first place, the petitioner has disturbed the harmony of the society and this court also finds that the said tweet/post is intended to hurt the sentiments of a large number of the society and that no professor, teacher or intellectual has made such comments, tweets or posts. The right is because freedom of speech and expression or freedom of any kind is not absolute,” Justice Singh said in the December 17 order.
Seeking quashing of the FIR, Lal had argued in the court that there was “neither any disturbance” or disturbance in the society due to his social media posts. He also pointed out that “being a historian and an intellectual, (he) expressed his opinion without any intention”.
On the other hand, the prosecution objected to his plea saying “there is a clear intention to hurt the faith of Lord Shiva and the sentiments of society”.
The court, in its order, highlighted the petitioner’s responsibilities as “a historian and an educationist”. “An intelligent person helps to guide others and society at large and therefore, should be more careful when making such statements in the public domain as it carries weight and power to influence others which if done negatively. As in the instant case, may create disturbance and disturb the peace of the society… Sections 153A and 295A of the IPC balance the right to freedom of expression. As freedom of speech and expression is not absolute, social harmony should be maintained,’ the order said.
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