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The Allahabad High Court has recently declined to quash an FIR filed against Ashok Kumar Pandey, Leader of a political party, Hindu Mahasabha, for allegedly passing communal slurs against Aligarh Muslim University and its Founder, Sir Saiyed Ahmad Khan.

The division bench comprising of Manoj Kumar Gupta J. and Rajendra Kumar-IV J. has found that the allegations against the petitioner disclose a commission of cognizable offence under Sections 153-A, 153-B, 505(2) of Indian Penal Code.

Additional Government Advocate also opposed the prayer for quashing of the First Information Report and stay of arrest, submitting that from the perusal of First Information Report, commission of a cognizable offence is clearly made out, therefore, the writ petition be dismissed.

Court pointed out that it had perused the impugned FIR which had a specific allegation 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 bench observed.

The court has referred to the Supreme Court judgement in the case of Jogender Kumar Vs. State of U.P., AIR 1994 SC 1349 in which the court held that denying a person of his liberty is a serious matter. 

"The recommendations of the Police Commission merely reflect the constitutional concomitants of the fundamental right to personal liberty and freedom. A person is not liable to arrest merely on the suspicion of complicity in an offence. There must be some reasonable justification in the opinion of the officer effecting the arrest that such arrest is necessary and justified. Except in heinous offences, an arrest must be avoided if a police officer issues notice to person to attend the Station House and not to leave the Station without permission would do," Court noted.

Basis the above observation, Court has refused to grant a stay of the arrest and has dismissed the writ petition.

Case Title : Ashok Kumar Pandey Versus State Of U.P. And Others

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