LawChakra

‘Hinduphobic’ Books in College Library, SC Quashes FIR against Principal

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The Supreme Court’s decision to dismiss the FIR against Professor Inamur Rehman, the Principal of Indore’s New Government Law College, brings an end to the allegations of Hinduphobia and anti-India propaganda against him

NEW DELHI: Today (May 14): The Supreme Court of India dismissed the first information report (FIR) lodged against the principal of Indore’s New Government Law College. The FIR was filed against Professor Inamur Rehman on charges of promoting Hinduphobia and anti-India propaganda due to the presence of certain books in the college library. The court deemed the allegations in the FIR baseless, highlighting that the books in question were also available in the Supreme Court library.

A Bench comprising Justices BR Gavai and Sandeep Mehta expressed their dissatisfaction with the State’s eagerness to prosecute the accused in this case. .

The court also noted the presence of the book in question in the Supreme Court library, emphasizing the triviality of the issue. The court’s decision came during the hearing of an appeal by Professor Rehman, who sought the quashing of the case.

The court questioned why the State was pursuing such a matter when it concerned the syllabus and when Professor Rehman was already out on anticipatory bail

“Why is the state so keen on persecuting in such a case? This is about the syllabus. He was already out on anticipatory bail. This book can also be found in the Supreme Court library. Additional AG is appearing on caveat that too for such a matter!” the Court stated.

Background:
The controversy arose after the student wing of the Rashtriya Syayamsevak Sangh (RSS), called the Akhil Bharatiya Vidyarthi Parishad (ABVP), staged protests over what they claimed were “Hinduphobic” books in the library of Shasakiya Navin Vidhi Mahavidyalaya (New Government Law College) in Indore.

The books, authored by Dr. Farhat Khan, were titled ‘Collective Violence and Criminal Justice System’ and ‘Women and Criminal Law.‘ The former contained a passage examining the treatment of women in Hindu society, making claims about their subservience to men and their role as instruments of male lust.

An FIR was registered against Professor Rehman based on a complaint by an LLM student at the college associated with the ABVP. The allegations led to faculty suspensions, Professor Rehman’s resignation, and the initiation of a police case. However, in December 2022, the Supreme Court stayed the professor’s arrest.

During the recent hearing, the professor’s counsel highlighted his imminent retirement. While the State of Madhya Pradesh opposed interim relief, suggesting that the proceedings before the High Court be expedited due to the seriousness of the charges, the Supreme Court criticized the High Court’s failure to exercise its authority under Section 482 of the Criminal Procedure Code.

Consequently, the Supreme Court quashed the FIR, ruling in favor of Professor Rehman. The court found that the single-judge of the High Court had not exercised the jurisdiction vested in them under Section 482 of the Criminal Procedure Code. The court, therefore, allowed the appeal and set aside the FIR.

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