The Supreme Court bench of Justices B. R. Gavai and Sandeep Mehta on May 14 quashed the FIR registered against the former principal of Indore Law college Inamur Rahman on the charges of keeping the book in the library, titled “Collective Violence and Criminal Justice System”, and for promoting hatred of Hindu religion and religious fundamentalism. The bench was hearing an appeal filed by Rahman after the Madhya Pradesh High Court refused on April 30 to stay the FIR registered against him.
LiveLaw also quoted Justice Gavai as saying, “Why is the state (of Madhya Pradesh) interested in getting an Additional Advocate General to appear in such a matter?! That too on caveat?! Clearly, it seems to be a case of persecution! Somebody is interested in troubling him (the petitioner)! We will issue notice against the IO (Investigating Officer)! Why is the state interested in filing a caveat?” The bench noted that the book in question is already approved by the Academic Council and the syllabus contains a subject on “Collective Violence and Criminal Justice System”. The judges also said that the whole matter is frivolous and the perusal of the FIR would reveal that the FIR is nothing but an absurdity.
The court also questioned the logic of the MP High Court for refusing the interim relief to the petitioner, noting that the High Court refused the interim relief only on the basis of the fact that the petitioner had already secured anticipatory bail. Critiquing the conduct of the single judge bench of the Madhya Pradesh High Court, SC observed that the purpose of the High Court under section 482 of the CrPC is to prevent abuse of process of law and miscarriage of justice. It remarked that the single judge of the HC has failed to exercise his due jurisdiction in this regard.
Thus, exercising its jurisdiction under Article 142 of the Constitution, the Supreme Court quashed the FIR and the pending proceedings against the principal.
The FIR (1214 of 2022) dated December 3, 2022, was registered at Bhawarkuan Police State in Indore on the complaint of the Lucky Adiwal, an LLM student and member of Akhil Bharatiya Vidyarthi Parishad (ABVP), charging the then principal Inamur Rahman, professor Mirza Mojiz Baig, Dr. Farhat Khan, the author of the book “Collective Violence and Criminal Justice System”, and the publisher of the book, Amar Law Publication. The FIR invoked the charges under Sections 153-A (Promoting enmity between different groups on ground of religion, etc.), 153-B (Assertions prejudicial to national integration), 295-A (outraging religious feelings by insulting its religion or religious beliefs), 500 (defamation), 504 (intentional insult with intent to provoke breach of the peace), 505 (statements conducing to public mischief), 505(2) (statements promoting enmity or hatred between classes), and 34 (common intention) of the Indian Penal Code (IPC). Notably, the FIR was registered following the protests from ABVP, the student wing of the BJP, and hours after Madhya Pradesh Home Minister Narottam Mishra asked the police to register the case within 24 hours, Indian Express reported.
Background of the case
The controversy erupted in the case after some students alleged that the principal of the law school Inamur Rahman, professor Mirza Mojiz Baig, and the author of the book “Collective Violence and Criminal Justice System” are inciting the students of the college to read the controversial book available with the library with intention to spread hatred in the mind of the students of Hindu religion. The prosecutor in the court alleged that “the contents of the book are based upon the false and baseless facts, ‘Anti- national, intended to harm the public peace; integrity of the nation, and religious cordiality.” The counsel for the complainant further claimed that “the allegations in the FIR registered against the applicant are serious in nature and related to internal and external security of the nation. The applicant…incited the students of the college to read the controversial book with intention to spread hatred in the mind of the students against Hindu Religion, RSS and nation.” The prosecution suggested that a certain modus operandi is in place to use college as a “tool” to promote the religious propaganda.
After the FIR was registered on 3 December 2022 against Rahman and other co-accused, the principal moved an application for interim bail at the Indore bench of the Madhya Pradesh High Court, but in its order dated December 15, 2022, the single bench judge Anil Verma refused to grant the bail, noting that the allegations are “serious in nature” and argued that the applicant has not filed any affidavit in support of interim bail. Additionally, as the case diary was not yet available, the judge said, “Without perusal of the case diary, no interim anticipatory bail can be granted at this stage.”
The High Court order dated 15 December 2022 may be read here:
The very next day, Rahman moved the apex court challenging the December 15 order of the MP High Court. On December 16, 2022, the Supreme Court bench of Justices DY Chandrachud and PS Narasimha passed an order, directing that “Pending further orders, there shall be a stay of the arrest of the petitioner in connection with FIR No 1214 of 2022 lodged at PS Bhawarkuan, Indore, Madhya Pradesh.”
The SC order dated 16 December 2022 may be read here:
On December 21, 2022, the MP High Court bench of Justice Anil Verma passed an order granting Dr. Rahman anticipatory bail. The judge reasoned that as the principal, “he has taken immediate action and issued office order whereby five persons including co-accused Mirza Moziz Beg were sent on leave and independent committed has been appointed to inquire the incident; he also issued order to the Librarian regarding the book in question and directed him to remove it from the Library.” Rahman’s lawyer had argued that the book in question was purchased in 2014, well before Rahman was posted as principal in 2019. It was also argued that Rahman is “neither the writer nor the publisher and not the purchaser of the book in controversy.”
Curiously, in another order issued on the same date for the co-accused Mirza Moziz Beg, Justice Verma declined to grant anticipatory bail to Beg, even though he was co-accused in the same case. The judge argued that “Although co-accused Inamur Rahman has been enlarged on anticipatory bail…case of the present applicant is different…present applicant is the Professor, who regularly teaches and delivers lectures to the students…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.”
Notably, the High Court judge did not cite any judicial precedent while granting or declining the anticipatory bail in his December 21 orders.
Following this order, Beg went to the Supreme Court and the apex court on February 3, 2023, ordered interim protection against his arrest. The SC passed another order on April 26, 2023, extending Beg’s protection against arrest till the completion of the process.
The High Court orders dated 21 December 2022 may be read here:
The SC order dated 3 February 2023 may be read here:
The SC order dated 26 April 2023 may be read here:
The latest order of the Supreme Court quashing the FIR against Rahman comes on the heels of the appeal filed against April 30, 2024 order of the MP High Court declining to stay the FIR registered in the case. As the SC quashes the FIR and all the proceedings with its May 14 order, the closure seems to be in sight for Rahman. Pertinently, it also provided relief to the former principal, who alleged that the case was maliciously filed against him with the view to deny him pension benefits, as he is set to retire soon on May 31. Notably, following the ABVP protests, Rahman had resigned from his post of the principal of Indore Law College on December 3, 2022.
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