‘Hurting sentiments’: Delhi HC refuses to quash FIR lodged against DU professor over social media post

The court of Justice Chandra Dhari Singh was hearing a petition by Ratan Lal, an assistant professor of history, who was booked after he had allegedly made claims on social media on May 14, 2022 of a Shivling being discovered inside the Gyanvapi mosque. An FIR was filed on May 18 under IPC sections 153A (promoting enmity among various groups) and 295A (deliberate and malicious acts intended to outrage religious feelings) and subsequently, arrested on May 20 before being released on bail the next day.

“…prima facie, the petitioner has created disturbance of the harmony of the society and this court has also found that the said tweet/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,” Justice Singh stated in the order dated December 17.

Seeking the quashing of the FIR, Lal had argued before the court that “neither any unrest” nor disturbance happened in the society due to his social media posts. He also pointed out that “being a historian and an intellectual person, (he) had expressed his thoughts without any intent”.

The prosecution, on the other hand, opposed his plea saying “there is a clear intent to hurt sentiments of the believers of Lord Shiva and the society at large”.

The court, in its order, highlighted the petitioner’s responsibility as “a historian and an educator”. “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 as the same carries weight and power to influence other people which, if made in a negative manner, such as in the instant case, might create unrest and disturb the peace of the society… Sections 153A and 295A of the IPC balances the right to free speech with the need to maintain social harmony as the freedom of speech and expression is not absolute,” the order read.

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