The Supreme Court on Monday declined to interfere with criminal proceedings against law graduate Mohd Faiyyaz Mansuri, who was booked in 2020 for a social media post stating that the Babri Masjid will be rebuilt one day.
A bench of Justices Surya Kant and Joymalya Bagchi said it had examined the post and did not find any reason to quash the case.
Mansuri was booked by Uttar Pradesh Police in August 2020 after his post on social media triggered controversy. The post mentioned the Babri Masjid being rebuilt, referencing a mosque in Turkey. However, according to the petitioner, another individual made inflammatory remarks in the same thread, yet that person was not investigated.
The District Magistrate of Lakhimpur Kheri had ordered Mansuri’s preventive detention following the post. That detention order was later set aside by the Allahabad High Court.
Subsequently, the trial court took cognisance of the charge sheet filed against him. Mansuri approached the Lucknow Bench of the Allahabad High Court seeking to quash the criminal proceedings, but his plea was rejected earlier this year.
Arguing before the apex court, Advocate Talha Abdul Rehman, appearing for Mansuri, submitted that the post contained no vulgarity or incitement and merely expressed the hope that the Babri Masjid would be rebuilt someday, similar to a mosque in Turkey.
He further argued that Mansuri was being unfairly prosecuted while the actual author of the inflammatory content faced no investigation.
However, the bench was not persuaded. Justice Surya Kant told the counsel, “Don’t invite any harsh comment from us.”
Sensing the court’s mood, the counsel sought to withdraw the plea.
The court recorded the withdrawal of the petition, noting:
“After arguing the case for some time, counsel for the petitioner seeks and is permitted to withdraw this petition. The Special Leave Petition is, accordingly, dismissed as withdrawn. It goes without saying that all the defence plea that may be raised by the petitioner shall be considered by the trial court as per their own merit.”
The Supreme Court’s refusal to intervene means that Mansuri will now have to face trial in the criminal case pending before the local court in Uttar Pradesh. The bench’s observations also suggest that the top court saw no reason to halt the proceedings at this stage.
