Communal Remarks Against Aligarh Muslim University: Allahabad HC Dismisses Plea By Hindu Mahasabha Leader For Quashing FIR And Stay Of Arrest

Communal Remarks Against Aligarh Muslim University: Allahabad HC Dismisses Plea By Hindu Mahasabha Leader For Quashing FIR And Stay Of Arrest

May 26, 2021 yopnwpxjvdfx 0

first_imgNews UpdatesCommunal Remarks Against Aligarh Muslim University: Allahabad HC Dismisses Plea By Hindu Mahasabha Leader For Quashing FIR And Stay Of Arrest Nupur Thapliyal22 Jan 2021 11:46 PMShare This – xA Division Bench of the Allahabad High Court comprising of Justice Manoj Kumar Gupta and Justice Rajendra Kumar on Thursday dismissed a writ petition filed by Ashok Kumar Pandey, Hindu Mahasabha Leader from Aligarh praying for quashing of an FIR filed against him for his communal remarks against Aligarh Muslim University (AMU) and its founder Sir Saiyed Ahmad, resulting in hurting…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginA Division Bench of the Allahabad High Court comprising of Justice Manoj Kumar Gupta and Justice Rajendra Kumar on Thursday dismissed a writ petition filed by Ashok Kumar Pandey, Hindu Mahasabha Leader from Aligarh praying for quashing of an FIR filed against him for his communal remarks against Aligarh Muslim University (AMU) and its founder Sir Saiyed Ahmad, resulting in hurting religious feelings of a community and spreading hatred between religious groups. The petitioner had also prayed for a stay on his arrest under the FIR during pendency of investigation in the matter. ABOUT THE FIR The FIR was filed by AMU Authorities against the petitioner after he made several remarks against the said University and its Founder in 2020. Subsequently, an FIR was lodged with the Civil Lines Police Station, Aligarh District under the following sections: • Sec. 153A of IPC: Promoting enmity between different groups on grounds of religion, race, place of birth, residence etc and doing acts prejudicial to maintenance of harmony. • Sec. 153B of IPC: Imputations, assertions prejudicial to national integration. • Sec. 505(2) of IPC: Statements creating or promoting enmity, hatred or ill will between classes. According to the FIR, the petitioner had made remarks against AMU by calling it “an institution being a classroom of terrorists” and also called its founder, Sir Saiyed Ahmad Khan as a “traitor”. Therefore, it was the case of the complainant that the statements made by the petitioner were said in an attempt to promote religious disharmony and hatred between different religious communities. OBSERVATIONS OF THE COURT After perusing the FIR on record, the High Court, while dealing with the first prayer of quashing of the FIR, observed that: “The allegations prima facie discloses commission of cognizable offence and therefore, the FIR requires proper investigation and cannot be quashed at this stage.” On the second issue pertaining in the matter with regards to a stay on arrest during pendency of investigation, the bench relied on the judgment of State of Telengana v. Habib Abdullah Jellani 2017 (2) SCC 779 wherein the Supreme Court after disapproving with the HC order restraining the Investigating Agencies from arresting the accused, declined the prayer for quashing the FIR. In view of the aforesaid judgment, the bench declined to stay the arrest of the accused and dismissed the writ petition. “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 bench ordered. Click Here To Download the Orderhttps://www.livelaw.in/pdf_upload/ashok-kumar-pandey-v-state-of-up-387983111-387984.pdfCase Name: Ashok Kumar Pandey v. State of UP & Ors. Order Dated: 21.01.2021 Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img

 

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