Remarks on Sunni Muslims in Ram Ki Janmabhoomi film: Allahabad High Court expresses reservations on case against Jitendra Tyagi

The Allahabad High Court recently expressed reservations over whether a criminal case against Jitendra Tyagi (formerly Waseem Rizvi before his conversion from Islam to Hinduism) would stand in connection with remarks made by him about Sunni Muslims in his movie Ram Ki Janmabhoomi [Syed Waseem Rizvi v State]..Justice Rahul Chaturvedi expressed reservations in view of the Supreme Court's observations in a case concerning allegedly objectionable content in the 2018 film Loveyatri. In the said case, the top court (while granting relief to actor Salman Khan) had observed that there was a limited scope for filing criminal cases in connection with films that have been cleared by the Central Board of Film Certification (CBFC). "After perusing the aforesaid judgment, it seems that no case against the applicant (Tyagi/ Waseem Rizvi) is made out," Justice Chaturvedi said. .Nonetheless, the High Court declined to quash the criminal case against Tyagi and instead directed him to file a detailed discharge application before the trial court. "The Court is also conscious of the fact that there is scheme provided in the Code of Criminal Procedure and this Court consciously is not inclined to break that scheme," Justice Chaturvedi explained. .The Court was dealing with a plea by Tyagi (earlier the chairman of the Uttar Pradesh Shia Central Waqf Board) to quash a criminal case filed against him for allegedly making derogatory remarks against prominent personalities in the Muslim Sunni Sect. The said remarks were said to have been made in the film Ram Ki Janmabhoomi which was written and produced by Tyagi. A criminal case was filed in the matter by one Abdul Fahid Farooqui who raised concerns that the film's exhibition may stir communal tensions. Subsequently, Tyagi was booked under Sections 153A (promoting enemy) and 504 (insult) of the Indian Penal Code (IPC)..After a trail court summoned Tyagi in this case, he filed a plea before the High Court challenging both the summons as well as the criminal case itself. .On February 13, the High Court disposed of his application by directing him to approach the trial court with a plea under Section 88 of the Code of Criminal Procedure (CrPC), by which the trial court could ensure Tyagi's presence for trial by having him execute a bond (instead of placing him under arrest). Thereafter, the High Court said that Tyagi could file an application seeking his discharge from the criminal case. The Court directed him to move a detailed discharge application under the appropriate sections of CrPC raising all the legal as well as factual points for the determination of the same by the court concerned."The concerned court, after taking personal bond, may release the applicant with or without surety and thereafter, the applicant shall move detailed discharge application under the appropriate sections of Cr.P.C. raising all the legal as well as factual points for the determination of the same by the court concerned," the High Court ordered. .The High Court also ordered the trial court to decide on this discharge application within six weeks after it is filed. .Advocate Abhinav Singh appeared for Jitendra Tyagi/ Waseem Rizvi. Government Advocate SP Tiwari represented the Uttar Pradesh government. .[Read Order]