The Allahabad High Court on Thursday dismissed a writ petition from a Hindu Mahasabha leader from Aligarh praying for the quashing of an FIR filed against him for his communal remarks against Aligarh Muslim University and its founder Sir Syed Ahmad Khan, resulting in the hurting of religious feelings of a community and spreading hatred between religious groups.
The division bench of Justice Manoj Kumar Gupta and Justice Rajendra Kumar passed this order while hearing the petition filed by Ashok Kumar Pandey. The petitioner prayed for quashing the FIR, registered under Sections 153-A, 153-B, 505(2) of Indian Penal Code, P.S. Civil Lines, District Aligarh.
The AGA opposed the prayer for quashing of the FIR and stay of arrest and submitted that from the perusal of FIR, Commission of a cognizable offence is clearly made out, therefore, the writ petition be dismissed.
The specific allegation in the FIR is that the petitioner who is the national spokesperson of an organization, in his press conference, made utterances against Aligarh Muslim University and its Founder Sir Syed Ahmad Khan, in an attempt to promote religious disharmony and hatred between different religious communities.
It had resulted in hurting the feelings of a particular community and spreading hatred. The allegations prima facie discloses commission of cognizable offence and therefore, the FIR requires proper investigation and cannot be quashed at this stage.
In respect of the second prayer made by Advocate for the Petitioner for stay of arrest of the Petitioner till submission of the report under Section 173(2) of the Code of Criminal Procedure, 1973, we would like to take notice of the law laid down by Supreme Court in State of Telangana v. Habib Abdullah Jellani; 2017 (2) SCC 779 wherein the Apex Court has disapproved an order restraining the Investigating Agencies from arresting the accused where prayer for quashing the FIR has been declined.
“The Writ Petition is accordingly dismissed with the above observations. This is without prejudice to the right of the Petitioner to seek anticipatory bail/bail, as may be maintainable or advised,” the order reads.