The Madhya Pradesh High Court at Indore has refused to allow the anticipatory bail application filed by a Law Professor who has been accused of hurting the religious sentiments of the Hindu Community.

A Single Bench of Justice Anil Verma stated –

"Although co-accused Inamur Rahman has been enlarged on anticipatory bail in the instant case but case of the present applicant is different from the case of Inamur Rahman; co-accused Inamur Rahman is holding administrative post of Principal in the aforesaid Law College but present applicant is the Professor, who regularly teaches and delivers lectures to the students of the aforesaid Law College and being Professor he is in a position to incite the mind of the students and most of the important difference is that Hon'ble Supreme Court granted stay on the arrest of the co-accused Inamur Rahman in connection of the instant offence but no such protection has been provided to the present applicant; in view of the material evidence available on record against the applicant, this Court is not inclined to grant anticipatory bail to the applicant at this stage."

Advocate Abhinav Dhanodkar appeared on behalf of the applicant.

Government Advocate K.K. Tiwari appeared for the respondent.

In the present case, the applicant was apprehending his arrest in connection with the offence punishable under Sections 153-A, 153-B, 295-A, 500, 504, 505, 505(2), and 34 of the Indian Penal Code. The applicant is the Professor at Government New Law College, Indore and the complainant is a student of LL.M. second semester in the same college. The student made a written complaint before the police station by stating that a book titled "Collective Violence and Criminal Justice System" has been written by Dr. Farhat Khan and published by Amar Law Publication the contents of which are based upon false and baseless facts. The same is anti-national, intended to harm the public peace; integrity of the nation, and religious cordiality.

The allegation of the complainant is that the said book is available in the library of the aforesaid law college and the applicant along with the co-accused is trying to spread hatred through the said book. The present applicant along with the co-accused Dr. Inamur Rahman incited the students of the college to read the controversial book available in the library with an intention to spread hatred in the mind of the students of the Hindu religion.

The counsel for the applicant submitted before the Court that the applicant is innocent and has been falsely implicated in this case. He further submitted that he is only teaching the subject of the Constitution to the law students as per the duty assigned to him by the principal of the law college. It was also contended that the applicant is neither looking after the library section nor he was a member of the purchase committee when the book was purchased. Whereas, the counsel for the respondent opposed the application and prayed for its rejection before the Court.

The High Court after hearing both parties observed, "… it appears that present applicant is the Professor making statement which promotes enmity, hatred and ill-will between different sections of society, which hurts sentiment of Hindu community; act of the present applicant can disturb the communal peace of the society; it is also alleged that allegation levelled against the present applicant does not contain ingredients of Section 505(II) of IPC but investigation is still pending, therefore, it is not possible to decide that whether the statement and lecture delivered by the applicant amounts to an offence as contemplated under Section 505(II) of IPC or not; it is a matter of investigation."

Accordingly, the Court dismissed the first anticipatory bail application.

Cause Title - Mirza Moziz Beg v. The State of Madhya Pradesh

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