The Delhi High Court has declined to quash a criminal case filed against Dr. Ratan Lal, an assistant professor of history at Delhi University, over his controversial social media post regarding a Shiva Linga reportedly found at the Gyanvapi mosque compound in Varanasi. Justice Chandra Dhari Singh, in a detailed judgment, observed that the post prima facie indicated an intent to hurt religious sentiments and disrupt public tranquility.
Dr. Lal’s tweet in Hindi, loosely translated as, “If this is Shiv Linga, it seems that Shiva was also circumcised,” sparked outrage, leading to an FIR in 2022 under Sections 153A (promoting enmity between groups) and 295A (acts intended to outrage religious feelings) of the Indian Penal Code.
Court Observations
“This Court is of the view that prima facie, the petitioner has created disturbance of the harmony of the society,” Justice Singh noted in the judgment. The Court emphasized that freedom of speech is not absolute and that intellectuals or educators have no special license to make comments that can offend religious beliefs.
The judgment also delved into Hindu religious texts to underscore the sacredness of the Shiva Linga in Hindu traditions. Quoting from the Shiv Puran, Vidhweshwar Samhita, the Court highlighted the etymology and spiritual significance of the Shiva Linga, stating that the remarks were contrary to the faith and customs of Lord Shiva’s worshippers.
“The act and remarks made by the petitioner are contrary to the beliefs and customs followed and practiced by the worshippers and believers of Lord Shiva/Shiva Linga,” the Court stated.
Justice Singh further remarked that Dr. Lal’s post not only hurt the complainant’s sentiments but also “promoted hatred, enmity, and communal tensions among two different communities.”
Consequences of the FIR
Following the registration of the FIR, Dr. Lal was briefly arrested in 2022 but was granted bail within a day. However, the ongoing case reportedly hampered his professional life, causing difficulties in securing promotions and foreign travel visas.
Despite these challenges, the High Court refused to quash the FIR, emphasizing that the comments displayed a “deliberate and malicious intent” to provoke and offend. “No person being a Professor, Teacher, or an intellectual has the right to make such type of comments, tweets or posts as the freedom of speech and expression or any type of freedom is not absolute,” the Court said.
Legal Representation and Next Steps
Dr. Lal was represented by advocates Aditya Kumar Choudhary, Sandeep Pandey, Aditya Anand Singh, and Anurag Yadav. Additional Public Prosecutor Yudhvir Singh Chauhan appeared for the Delhi government, while the complainant, Shiwail Bhalla, appeared in person.
Dr. Lal’s plea to quash the FIR was dismissed by the Court on December 17, 2024.
Case: Dr. Ratan Lal vs State Government of NCT of Delhi & Anr. – Available on LAWFYI.IO
