Allahabad High Court refuses to quash FIR against Urdu poet Munnawar Rana for comparing Valmiki to Taliban

The Allahabad High Court has dismissed the plea by poet Munnawar Rana who sought quashing of the First Information Report (FIR) filed against him for allegedly comparing Ramayana author Valmiki to Taliban (Munnawar Rana v. State of UP)..A Division Bench comprising Justices Ramesh Sinha and Saroj Yadav said that sentiments of the majority community were hurt by the unnecessary comparison."Sentiments of majority community have been hurt by unnecessary comparison drawn by the petitioner of Lord Valmiki with Taliban in disrespectful manner and without any material basis," the order said.The Bench further opined that Rana was not vigilant and "acted irresponsibly by making the aforesaid derogatory statement."."Thus, considering the allegations made in the FIR and material brought on record, it cannot be said that no prima facie offence whatsoever is made out against the petitioner, rather there appears to be sufficient ground for investigation in the matter," the Court ruled. .Rana was charged under Sections 153-A, 295-A, and 505 (1) (b) of Indian Penal Code and section 3 (1) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment, 2015). .A First Information Report was lodged by the President of Samajik Sarokar Foundation (UP) alleging that Rana had drawn a comparison of Lord Valmiki with Taliban..The counsel for petitioner, Senior Advocate IB Singh submitted that the petitioner is the senior citizen and an Urdu poet of international eminence and repute. It was argued that some statement given by Rana, during some personal interactions with family and friends, has been twisted and distorted by certain notorious social medial trolls and also by some irresponsible media persons and a deliberate attempt was made to give it a colour of criminal and communal nature. He further submitted that Rana had not even referred to the name of Lord Valmiki and, thus, the question of him comparing Lord Valmiki with Taliban and hurting the statements of his devotee or any other religious sect does not arise at all..On the other hand, Additional Government Advocate submitted that the petitioner made derogatory statements to promote feelings of enmity, hatred or ill-will against one religion.Further, it was submitted that the tone and the demeanor of such statement creates hatred, prejudice, enmity, ill-will against one religion. .After considering the material placed on record, the Court opined that the contents of the alleged statements of the Rana would show that prima facie, offences under Sections 153-A, 295-A, 505 (1) (b) of IPC are fully made out.Therefore, the plea to quash the First Information Report was dismissed."From the perusal of the FIR, it appears that the petitioner, prima facie, is guilty for making derogatory statements, therefore, at this stage, when the investigation of the case is still pending, it cannot be said that the offences which have been made by means of the impugned FIR are not made out as it is a matter of investigation, which is still pending.".[Read order]