The Allahabad High Court has granted interim anticipatory bail to Aligarh Muslim University Professor Dr Jitendra Kumar who is facing an FIR for teaching students in the class room on the topic of rape having historical perspectives.
A single-judge bench of Justice Vikram D Chauhan passed this order while hearing a Criminal Misc Anticipatory Bail Application filed by Dr Jitendra Kumar.
The Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant Dr Jitendra Kumar in Case under Sections 153A, 295A, 298, 505(2) I.P.C, Police Station – Civil Line, District -Aligarh.
It is submitted by counsel for the applicant that the first information report has been lodged against the applicant for teaching students in the class room on the topic of rape having historical perspectives. Some instances having religious connotations have also been given in the lecture by the applicant in the classroom. The applicant is an Assistant Professor in the University. The applicant had no intention of hurting the religious sentiments of any person. However, the topic was rape having historical perspective some instances were referred.
It is not in dispute that rape is one of the topics in the syllabus of the University. By referring to the book, namely, Baba Saheb Dr Ambedkar Sampurna Vangmay Part-8 to submit that the aforesaid references are found in the aforesaid book at page 176 and 302.
Counsel for the applicant has also referred to a book, namely, “Brahma Vaivarta Puran” published by Geeta Press, Gorakhpur page 183 to submit the historical perspective of the material which was being taught in the classroom.
The applicant being a Teacher had on the reference of the aforesaid books has given instances during his lecture. No public address was made to the students and lecture was limited to class room and being a Teacher the applicant had referred to the aforesaid instances. No student has made any complaint of being hurt by a lecture. A fact finding inquiry was also held by the University in which the fact finding report has been filed, which is at page 62 of the third supplementary affidavit in which three Professors and one Assistant Registrar have come to the conclusion that the reference may have been a mistake.
However, there is no criminality involved in the act of the applicant. The applicant gives undertaking that the applicant will not link any study material with the religious connotations unless the same is approved by the Academic Council of the University. The references have been incorrectly interpreted as to be a statement hurting religious sentiments.
It is further submitted by counsel for the applicant that the applicant is innocent and has no concern with the matter. Allegations levelled against the applicant are false. No prima facie case is made out against the applicant. If the applicant is enlarged on anticipatory bail, he will not misuse the liberty and cooperate with the investigation. The applicant has apprehension of his arrest by the police any time.
A.G.A opposed the prayer and submits that although, the topic of Rape was in the syllabus. However, the syllabus did not contain any reference to historical perspective. The students have also made statements with regard to the references given by the applicant while teaching the students.
The Court observed that,
Prima facie, it is to be seen that whether the applicant has intentionally uttered the words with historical references or the same is a deliberate attempt to cause unrest among the public at large.
The books produced by counsel for the applicant have historical references. Once a Teacher is teaching in the classroom, although within the parameters the subject has to be taught and has given historical references by referring to the book published by the Government, then this Court prima facie feel it cannot be said that the Teacher has intentionally and deliberately attempted to disturb public peace and tranquility on the basis of religious sentiments. The University has also examined the matter and three Professors and one Assistant Registrar have submitted a report that the applicant had made a mistake. No fact finding has been recorded that the applicant had deliberately made references to religious connotations without any source of reference.
The Court ordered that,
As an interim protection, till the next date fixed for final hearing on this application, the applicant is granted interim anticipatory bail in the aforesaid case crime number. In the event of arrest of the applicant, he shall be released on interim anticipatory bail on his furnishing a personal bond of Rs 25,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall make himself available for interrogation by a police office as and when required.
(ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police office.
(iii) The applicant shall not leave India without the previous permission of the Court concerned.
(iv) The applicant shall not make any historical references having religious connotations unless approved by the Academic Council of the University during pendency of the present case.
(v) In the event, the applicant changes residential address, the applicant shall inform the court concerned/Investigating Officer about the new residential address in writing