Terming ‘Manusmriti’ a holy book the Allahabad High Court has recently denied to quash an FIR lodged against Rashtriya Janata Dal Spokesperson Priyanka Bharti
| Photo Credit: SHIV KUMAR PUSHPAKAR
New Delhi
Terming ‘Manusmriti’ a holy book the Allahabad High Court has recently denied to quash an FIR lodged against Rashtriya Janata Dal Spokesperson Priyanka Bharti who accused of tearing its pages during live TV debate.
“We find that the act of tearing pages of “Manusmriti” holy book of a particular religion in a live TV debate which was being organized by the two TV channels…..was nothing but prima facie, reflection of a malicious and deliberate intention of the petitioner and is an act done without any lawful excuse or without any just cause,” said bench of Justice Vivek Kumar Birla and Justice Anish Kumar Gupta in its order dated February 28.
The court added that it cannot ignore the fact that Ms Bharti is a highly qualified person and was taking part as a spokesperson of a political party and thus, it can not be pleaded that the act was done ignorantly.
“Therefore, in our opinion, prima facie a cognizable offence is made out,” it said.
Ms Bharti, a student of PhD at Jawaharlal Nehru University (JNU), has been charged under Section 299 of the Bharatiya Nyaya Sanhita for allegedly tearing Manusmriti during a live debate lodged at a police station in Aligarh.
She had moved the HC seeking quashing of the FIR. In her application, the RJD spokesperson argued that during debate when she was being asked certain questions, the alleged incident had taken place and there was no intention or deliberate attempt knowingly or unknowingly to insult the sentiments and feelings of any person or religion and in any case it does not amount to affect the public order.
Referring to Supreme Court’s judgment in the case of New Anchor Amish Devgan, the HC court noted that the Apex Court had refused to quash the FIRs lodged him over allegations of making hate speech during the telecast of a live show.
The HC noted that the SC, in paragraph 76 of its judgement had observed that persons of influence, keeping in view their reach, impact and authority they yield on general public or the specific class to which they belong, owe a duty and have to be more responsible.
They are expected to know and perceive the meaning conveyed by the words spoken or written, including the possible meaning that is likely to be conveyed. With experience and knowledge, they are expected to have a higher level of communication skills. It is reasonable to hold that they would be careful in using the words that convey their intent. The reasonable-man’s test would always take into consideration the maker.
Published – March 06, 2025 11:02 pm IST