Allahabad High Court refuses to quash FIR against Hindu Mahasabha leader, Ashok Kumar Pandey for remarks against AMU

The Allahabad High Court has dismissed a plea to quash an First Information Report (FIR) against Hindu Mahasabha Spokesperson, Ashok Kumar Pandey over controversial remarks made against the Aligarh Muslim University (AMU)..Pandey is reported to have termed AMU students as 'terrorists' and the institution 'a seminary for terrorists' in an interview, in relation to which an FIR was lodged by the Civil Lines Police (Ashok Kumar Pandey v State of UP and 3 ors)..On Thursday, a Division Bench of Justices Manoj Kumar Gupta and Rajendra Kumar-IV observed that allegations in the FIR against Pandey prima facie disclosed the commission of a cognizable offence, which require proper investigation. Therefore, the Court ruled that the FIR cannot be quashed at this stage. ."We have perused the impugned FIR. The specific allegation in the FIR is that the petitioner who is national spokesperson of an organization, in his press conference, made utterances against Aligarh Muslim University and its Founder Sir Saiyed Ahmad Khan, in an attempt to promote religious disharmony and hatred between different religious communities. It had resulted in hurting the feelings of a particular community and spreading hatred. The allegations prima facie discloses commission of cognizable offence and therefore, the FIR requires proper investigation and cannot be quashed at this stage," the Court said..The FIR lodged against Pandey cited offences under Sections 153-A (punishment for persons who indulge in wanton vilification or attacks upon the religion, race etc. of others), 153-B (Imputations, assertions prejudicial to national integration), 505(2) (statements creating or promoting enmity, hatred or ill-will between classes) of the Indian Penal Code. .Since the Court decided that it cannot quash the FIR, a second prayer to restrain the authorities from arresting Pandey was also rejected in view of the Supreme Court's ruling in State of Telengana v. Habib Abdullah Jellani. In the said case, the top court had disapproved an order restraining the Investigating Agencies from arresting the accused where prayer for quashing the FIR has been declined..The dismissal of Pandey's writ petition, however, would not affect his right to seek bail or anticipatory bail, the High Court clarified. .[Read Order]