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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The post Indore Law College book controversy case: SC quashes FIR against former principal of the college, rebukes Madhya Pradesh HC for not providing relief to the petitioner appeared first on SabrangIndia.

The Supreme Court on Monday, January 16, expressed surprise at the State of Madhya Pradesh intending to challenge the anticipatory bail granted to a law college principal in relation to an FIR registered over an alleged “Hinduphobic” book found in the library. The Court was hearing a petition filed by the now resigned principal of Indore’s Government New Law College, Dr Inamur Rahman, seeking protection from arrest in the case. The principal had been suspended, then forces to resign, a controversy that began on December 1, 2022. On December 16, 2022, the Court had granted him interim protection from arrest, after the Madhya Pradesh High Court refused him interim anticipatory bail in the case.

 This law college principal in Indore, Madhya Pradesh, was compelled to resign after the Akhil Bharatiya Vidyarthi Parishad (ABVP), that enjoys both street muscle and impunity from action in the central Indian state, is a wing affiliated with the RSS. Hours after putting in his papers, the academic was booked for promoting enmity amongst religious groups along with three of his colleagues. His problems s began on December 1, when ABVP members submitted a memorandum, alleging “religious fundamentalist thoughts being promoted by four Muslim teachers of the college”. A day later, the activists took offence to the presence of a book, Collective Violence and Criminal Justice System, in the institution’s library. Portions of the book, according to them, showed the RSS in poor light.

When the matter was taken up on January 16, the petitioner’s counsel Advocate Aljo K Joseph informed a bench led Chief Justice of India DY Chandrachud that he was granted anticipatory bail by the Madhya Pradesh High Court on December 22, 2022. As the bench was proceeding to dispose of the petition in view of the High Court order, the State’s counsel, controversially tried to request the bench to record that the State is intending to challenge the order granting anticipatory bail.

This stand evinced a reaction from the bench. “State must do some more serious stuff. He is a College Principal. Why you are arresting him? He is a college principal. A book is found in the library which is said to have some communal undertones. Therefore he is sought to be arrested?. He is a college principal. The book purchased in 2014. And he is sought to be arrested? Are you serious?”, CJI Chandrachud asked the State’s counsel.

Thereafter, the State’s counsel submitted that students have complained that the petitioner has been teaching from the book, contradicting his defence that he never knew about its existence. “If you want to challenge the order, you do it. We will deal with it”, CJI Chandrachud said.

The FIR in question was lodged by an LLM student over a book affiliated to the ABVP, titled “Collective Violence and Criminal Justice System” written by Dr Farhat Khan (Accused 1) and published by Amar Law Publications (Accused 4). The petitioner is arrayed as Accused 2. The complainant contended that the book was based upon false and baseless facts, was anti-national in nature, and intended to harm the public peace, integrity, and religious cordiality of India.

The petitioner submitted that the book in question was published in 2014 and purchased by the college in 2014 as well. As per the petitioner, he was a professor in the college at that time and not the Principal of the college. He also stated that the case was lodged for political reasons and the petitioner, who was not involved in the publication or the marketing of the book, was unnecessarily dragged in the case. It was further also stated that the book was purchased not during the tenure of the petitioner, but way back in 2014, when he was merely a professor and not involved in the process of buying books for the college library.

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The post ‘You want to arrest a college principal for a book found in the library? Are you serious?’: Supreme Court asks MP govt appeared first on SabrangIndia.

The Supreme Court on Friday stayed the arrest of Indore Prof Inamur Rehman in connection with allegations of “promoting Hinduphobia”.

The Bar and Bench reported that the bench of Chief Justice of India DY Chandrachud and Justice PS Narasimha also sought the response of the Madhya Pradesh government in the matter, within four weeks.

The matter was taken on board after Advocate Aljo K Joseph made a mentioning on Friday, said the report by The Bar and Bench. Advocate Abhinav P Dhanodkar also represented the petitioner.

The Indore police had lodged an FIR against Rehman in connection with a “controversial” book found in the library of the college that allegedly “encourages religious fundamentalism”. Rehman was the principal of the law college, while the book in question has been written by Dr Farhat Khan.

The Akhil Bharatiya Vidyarthi Parishad (ABVP) protested inside the campus and has alleged that the book Collective Violence and Criminal Justice System by Dr Khan contained objectionable remarks against Hindus, the RSS, as well as the Union government and the Army.

Rehman has alleged that he and four Muslim professors were being targeted because of ‘religious identity’.

Speaking with NewsClick, Rahman had said earlier: “I took charge as the principal in August 2019, while the book was purchased in 2014 by the then principal Sudha Silawat, who is the kin of a sitting minister in the ruling government, on the recommendation of three faculty members – Dr J K Jain, professor Praveen Kumar Choudhary and Professor NK Pagariya.”

Showing a receipt of the ‘controversial’ book which mentioned the purchasing date, he said: “I have nothing to do with its placement in the library. The FIR against me is unfortunate. I have been booked but not the library head who is responsible.”

Rahman’s resignation came two days after an ABVP worker from Indore, Dipendra Thakur, in a memorandum submitted to the college principal, questioned the “high” number of Muslim faculty members in the university. He also accused the college administration of “promoting Muslims and Islamic culture” on the campus. He then went on to allege that four Muslim teachers were “promoting love jihad” and religious fundamentalism”.

“Only four faculty members are Muslims out of 28. Even though I initiated an inquiry and barred all the named professors from college till the investigation was complete, the ABVP students raised objectionable and hurtful slogans against me demanding resignation,” Rahman had said while breaking down over the phone.

 NewsClick had reached out to the Indore-based publisher of the book, Amar Law Publication. Speaking over the phone, publisher Hitesh Khetrapal (43) had said: “We published that book in 2014. But in 2021, I received a call from an advocate who was speaking on behalf of RSS and raised objections on some parts of the book. We conveyed this message to the author and retrieved all the books sold to the institutions and sent them new editions after omitting the objectionable part in 2021.”

“The author also gave a written apology after the objection and the dust died down,” said Khetrapal, who also shared a copy of the apology letter written by the author in March 2021.

Yet, on a complaint by an LLM student of Government New Law College and ABVP leader Lucky Adiwal, the police charged four people, including principal Rahman, under Indian Penal Code Sections 153-A (promoting enmity between different groups on grounds of religion, race, place of birth, residence), 295-A (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs) and other Sections of the IPC.

The others named in the case registered were author Dr Farhat Khan, publishing house Amar Law Publication and professor Mirza Mojiz Baig, police said.

Courtesy: Newsclick

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