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 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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The MP police on Thursday, December 8 arrested Farhat Khan, the author of a ‘controversial’ book, from a Pune hospital while she was undergoing dialysis. This was announced by controversial Madhya Pradesh Home Minister Narottam Mishra in Bhopal on Friday 9 reported The Hindu.

Ms. Khan was arrested in connection with her book “Collective Violence and Criminal Justice System”, a copy of which was kept in the library of the Government New Law College in Indore after an RSS-affiliate, the all-powerful Akhil Bharatiya Vidyarthi Parishad (ABVP) complained about sections of it that reportedly questioned the role of the RSS in the fomentation of collective violence.

Addressing media persons in Bhopal, Mr. Mishra said that law enforcement authorities have also started a probe into complaints related to another book and if any objectionable content is found, it will be linked with the same case.

The source of the complaints and the conflict is the Akhil Bharatiya Vidyarthi Parishad (ABVP), affiliated to the Rashtriya Swayamsevak Sangh (RSS). It is the ABVP that has alleged the book being taught to students in the college has highly objectionable contents against the Hindu community and the RSS.

Chronology

Last week, on December 3, Lucky Adiwal, an ABVP leader and an LLM student at the college, filed a complaint in the matter against Ms. Khan, the book’s publisher Amar Law Publication, the institution’s principal Inam-ur-Rehman and professor Mirza Mojij Baig. Acting swiftly on this, the MP State Higher Education Department formed a seven-member committee to investigate the matter. Working at supersonic speed, a member of the panel has publicly stated that it has recorded statements of 250 students and teachers.

“Sources” told the media that this panel constituted by the State Higher Education Department at the behest of the ABVP’s complaint, submitted its report to the State government on Thursday. Promptly, the Higher Education Minister Mohan Yadav ordered first the suspension of Mr. Rehman and Mr. Baig with immediate effect.

Earlier, Deputy Commissioner of Police (DCP) Rajesh Kumar Singh had told reporters in Indore that after a case was registered against Ms. Khan five days ago, she was traced in Pune and served a notice under the Code of Criminal Procedure. He added that the Indore-based author was suffering from a serious kidney ailment and needed dialysis on a regular basis.

On Tuesday, December 6, the four accused persons, a local court had refused anticipatory bail to Mr. Rehman and Mr. Baig. Their counsel, Abhinav Dhanotkar had said the rejection of bail would be challenged in the Indore bench of the Madhya Pradesh High Court.

Background

On amazon, the 2015 publication, shows as being co-authored by Dr Sheetal Kanwal and Dr Farhat Ali Khan, Amar Law Publication’s Collective Violence and Criminal Justice System for LLM Students. It is not so far known what action has been ‘ordered’ against the co-author, Dr Sheetal Kanwal. 

Meanwhile, all four –the publisher, Dr Farhat Ali Khan, former principal of the Government Law College, Indore, Inamur Rahman and Dr Mirza Mopjij — have been booked by Bhanwarkuan police in Indore on the basis of this complaint by ABVP leader Lucky Adiwal, who is pursuing an LLM degree at the same college. They are accused of promoting and distributing the book that ‘encourages animosity between religions and promotes enmity between groups’. 

Last week, on December 3, the college principal Inam Ur Rehman had resigned following an uproar in the Law College for the last three days. He submitted his resignation to Additional Director Higher Education Kiran Saluja.

Principal Rehman had then told ANI, “I am very hurt by the ruckus created by outside students. I don’t want to stay here anymore. I wanted to take this college to a higher level but I think it is not in my control. There was no bad environment of any kind here before but now they are spoiling the college environment so I am leaving.”

Owner of the publication house, Hitesh Khetrapal reportedly told the media, “There was a controversy about this book two years ago. When the matter came to light, we had a discussion with the writer and changed the pages containing controversial content. Farhat also submitted a written apology that such incident will not occur again.” (ANI)

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INDORE: In a new, all time low for the human rights and law and order matrix in the country, the Madhya Pradesh government on Tuesday moved against author Dr Farhat Khan, whose book on ‘Collective Violence and Criminal Justice System’ is the subject of a police investigation and she faces an FIR along with former principal of Government Law College Indore Inamur Rahman, professor Dr Mirza Mojij and the publisher of the book. All three are threatened with arrests, reports Times of India.

Home minister Narottam Mishra warned on Tuesday, December 7, that he would write to the department concerned to “revoke her PhD”, and further threatened that swift action will be taken against those spreading religious extremism. Mishra openly said that he has issued instructions to police to arrest the accused in the case. “We have formed teams to arrest the accused. They will be nabbed soon,” the home minister told reporters in Bhopal. 

On amazon, the 2015 publication, shows as being co-authored by Dr Sheetal Kanwal and Dr Farhat Ali Khan, Amar Law Publication’s Collective Violence and Criminal Justice System for LLM Students. It is not so far known what action has been ‘ordered’ against the co-author, Dr Sheetal Kanwal.

Meanwhile, all four –the publisher, Dr Farhat Ali Khan, former principal of the Government Law College, Indore, Inamur Rahman and Dr Mirza Mopjij — have been booked by Bhanwarkuan police in Indore on the basis of a complaint by ABVP leader Lucky Adiwal, who is pursuing an LLM degree at the same college. They are accused of promoting and distributing the book that ‘encourages animosity between religions and promotes enmity between groups’. On December 7, the anticipatory bail pleas of principal Rahman and professor Mojij were rejected by sessions Judge Rakesh Kumar Goyal. ACP Dishesh Agrawal told TOI: “Soon, we will also announce a bounty on two of the accused. 

According to an FIR copy, accessed by ANI news and reported by The Print, a case was registered against writer Farhat Khan, owner of Amar Law Publication, Hitesh Khetrapal, Law College principal Inam Ur Rehman and College Professor Mirza Mojiz under sections 153 A, 153B, 295A, 500, 504, 505, 505 (2) and 34 of the IPC.

Bhanwarkuan Police Station in charge Shashikant Chaurasia told the media, “ABVP (Akhil Bharatiya Vidyarthi Parishad) student union have lodged a complaint that the book contains much such content which hurt the religious sentiments of a community. It is likely to disturb the communal harmony between the two communities, it may lead to violence.”

“Acting on the complaint, a case was registered against the accused and further investigation into the matter is underway,” Chaurasia added. Notably, state home minister Narottam Mishra had also instructed Indore Commissioner to investigate the matter and registered FIR against the accused within 24 hours.

Earlier on December 3, the college principal Inam Ur Rehman had resigned following an uproar in the Law College for the last three days. He submitted his resignation to Additional Director Higher Education Kiran Saluja.

Principal Rehman had then told ANI, “I am very hurt by the ruckus created by outside students. I don’t want to stay here anymore. I wanted to take this college to a higher level but I think it is not in my control. There was no bad environment of any kind here before but now they are spoiling the college environment so I am leaving.”

Owner of the publication house, Hitesh Khetrapal reportedly told the media, “There was a controversy about this book two years ago. When the matter came to light, we had a discussion with the writer and changed the pages containing controversial content. Farhat also submitted a written apology that such incident will not occur again.” (ANI)

The Madhya Pradesh Police are trying to “ascertain the role of principal and the accused professor” in this entire episode.” Police have booked the accused under IPC for defamation, promoting enmity between different groups on grounds of religion, and making assertions prejudicial to national integration. In their bail applications, the two professors submitted that the book has been in the college library since 2014 while Dr Rahman was appointed principal in 2019, and Dr Mirza was appointed vice-principal after 2014. The book was not for issuance to students and has been placed separately in the library, they said.

The complainant, an ABVP member, however, searched for it in the library and got it issued though he is not a student of the course related to the subject, submitted the defence counsel.

The ABVP (Akhil Bharatiya Vidyarthi Parishad) is an affiliate of the Rashtriya Swayamesvak Sangh (RSS) and responsible for a series of conflict-driven incidents in various campuses of the country. 

After the controversy broke last week, Dr Rahman formed a probe committee and removed the professors against whom allegations had been made off teaching duty, the counsel argued, adding that Dr Rahman and Dr Mojij only have supervisory roles in the college. Intervenor counsel Govind Singh Bais submitted that both the professors had recommended the book to students. “As many as four students have submitted an affidavit in court stating that the professors recommended the book for the syllabus,” he said. Strangely, after hearing both sides, the court rejected the bail application.    

Who is Narottam Mishra, MP’s home minister?

 In April 2022, like in over a dozen locations all over the country, Madhya Pradesh had seen violence break out after controversial slogans and even arms had accompanies the spate of Ram Navmi related Shobha Yatras. At the time, Mishra, occupying the home minister’s chair had made the controversial remarks as reported by India Today. In a news item after live TV coverage, India Today had reported, under the heading  “Why violence in our festivals only? MP Home Minister defends bulldozer action on rioters– “The rioters will not allow communal harmony until they are cut to size,” MP Home Minister Narottam Mishra said on live TV. “This is the only way.”

“Ram Navami comes once every year but 12 places across the country reported violence. (Clashes) in JNU over eating non-vegetarian food on Ram Navami. All these happen during our festivals and never during theirs. Is that not correct?” Mishra told India Today TV as he responded to allegations that the BJP uses festivals like Ram Navami to spread communal hatred in society even as Prime Minister Narendra Modi speaks about “sabka saath, sabka vikas”.

This had been preceded by unprecedented and unilateral bulldozing of homes of Muslims living in Khargone, MP.  The district administration had razed the properties allegedly of stone pelters with bulldozers, much like the administration in Uttar Pradesh under Yogi Adityanath. “The rioters will not allow communal harmony until they are cut to size,” the minister said on live TV. “This is the only way.”

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