Allahabad High Court grants bail to AMU professor accused of linking rape to Hindu texts during a classroom lecture, highlighting academic freedom, FIR allegations, and ongoing legal proceedings.
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UTTAR PRADESH: The Allahabad High Court has granted anticipatory bail to Dr. Jitendra Kumar, an Assistant Professor at Aligarh Muslim University (AMU), in a case alleging promotion of enmity and outraging religious feelings. The case arose from classroom references to Hindu scriptures during a lecture on the historical perspective of rape.
Background of the Case
In 2022, an FIR was registered at Civil Lines Police Station, Aligarh, under Sections 153A, 295A, 298, and 505(2) of the Indian Penal Code (IPC). The complaint alleged that Dr. Kumar, while teaching about rape from a historical perspective, cited passages from Baba Saheb Dr. Ambedkar Sampurna Vangmay (Part-8) and the Brahma Vaivarta Purana published by Geeta Press, Gorakhpur.
The prosecution argued that although “rape” was part of the syllabus, historical or religious references were not, and the excerpts used could offend religious sentiments. Statements from some students formed part of the case record.
Defence’s Stand
Dr. Kumar’s defence maintained that:
- The lecture was delivered exclusively in the classroom, not in any public forum.
- The cited texts were from widely available, published works, one of which was government-published.
- The intent was purely academic, without malice.
- A university fact-finding committee concluded that while the references “may have been a mistake,” there was no criminal intent.
Dr. Kumar also assured the court that he would not make any religiously connoted references in class without Academic Council clearance.
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Court’s Reasoning
Justice Dr. Gautam Chowdhary referred to the Supreme Court’s decision in Siddharam Satlingappa Mhetre v. State of Maharashtra (2011) 1 SCC 694, which lays down the principles for granting anticipatory bail. The High Court observed:
- The references came from published books.
- The lecture occurred within the academic environment of a classroom.
- Prima facie, there was no deliberate attempt to disturb public peace on religious grounds.
Dr. Kumar was directed to furnish a personal bond of Rs 50,000 with two sureties, and comply with conditions, including:
- Appearing before the court as required.
- Cooperating with the investigation.
- Refraining from making historical references with religious connotations without prior approval from the Academic Council.
The court clarified that any violation could lead to cancellation of the bail. The trial proceedings will continue in the lower court.
Case Title:
Dr Jitendra Kumar vs State of UP and 2 Others
CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438
CR.P.C. No. – 6772 of 2024
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