Delhi High Court rejects plea for "fair" probe into FIRs in UP, Uttarakhand over 'I Love Muhammad' posters

The Delhi High Court on Wednesday dismissed a public interest litigation (PIL) petition seeking "free and fair" investigation in the cases registered in Uttar Pradesh and Uttarakhand over the "I Love Muhammad" posters.

A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela said that the petition was highly misconceived and the High Court sitting in Delhi cannot pass directions as sought by the petitioner in relation to first information reports (FIRs) registered in other States.

According to reports, the posters were put up during the processions organised on the Milad-un-Nabi festival, commemorating both the birth and passing of the Prophet. 

The Court noted that the FIRs were registered outside its territorial jurisdiction.

It added that the persons made accused in the FIR can take recourse to the remedy available with them.

"We have our own doubts about whether it would be possible for this Court sitting in Delhi to issue such directions as sought by the petitioner," the Court observed.

It then dismissed the plea.

The PIL was filed by Shujaat Ali, a representative of Raza Academy and the National President of Muslims Students Organisation of India, accusing police in Uttar Pradesh and Uttarakhand of registering false and communal FIRs that criminalise peaceful religious expression. 

As per the petitioner, the people displaying those posters were merely celebrating their religious festivals and express their devotion to God. 

"However, without any cogent or independent evidence, they have been framed in multiple criminal cases by members of the majority community, who have levelled allegations of rioting, criminal intimidation, and breach of peace against them," the plea stated. 

Invoking Articles 14, 15, 19, 21 and 25 of the Constitution, the petition argued that the FIRs registered in Uttar Pradesh's Kanpur and Bahraid and Uttarakhand's Udharmsingh Nagar violated fundamental rights to equality, free expression, liberty and freedom of religion.