In a significant ruling, the Delhi High Court has declined to quash an FIR lodged against Dr. Ratan Lal, a Delhi University professor, over his controversial social media remarks concerning a ‘Shiva Linga’ at Varanasi’s Gyanvapi Mosque. The court’s decision came on December 17, with Justice Chandra Dhari Singh presiding over the matter.
The FIR, registered in May 2022, invoked Sections 153A and 295A of the Indian Penal Code, which deal with promoting enmity between different groups and malicious acts intended to outrage religious feelings, respectively. Justice Singh, in his verdict, stated that Dr. Lal’s post prima facie disturbed societal harmony and was aimed at hurting the sentiments of a large segment of society.
Justice Singh highlighted the significant cultural and religious connotations associated with the ‘Shiva Linga’, underscoring that no individual, regardless of their intellectual or academic stature, has the liberty to make such remarks as freedom of speech is not without its boundaries.
The court noted, “The content posted by Dr. Lal not only injured the religious sentiments of the complainant but also incited hatred, enmity, and communal tensions between two distinct communities.” The decision emphasized that Dr. Lal’s continuous engagement on the topic, even after the FIR’s registration, pointed to a deliberate and criminal intent warranting the applicability of the charged sections.
Furthermore, the court remarked on the responsibility that comes with Dr. Lal’s role as a historian and educator, stating that he should be more cautious with his public statements, given their potential influence and impact.
“The mere fact that no unrest or disharmony ensued following the post does not diminish the criminality of Dr. Lal’s actions, which were executed with the intent and potential to disrupt societal peace and harmony,” the court added.
