The Supreme Court of India has refused to cancel criminal proceedings initiated against a young law graduate who had made a Facebook post in 2020 expressing hope that the Babri Masjid would be rebuilt in the future. The post, which was made around the time of the foundation-laying ceremony of the Ram Temple in Ayodhya, had led to a First Information Report (FIR) being filed in Uttar Pradesh.
A bench consisting of Justice Surya Kant and Justice Joymalya Bagchi heard the plea filed by the petitioner seeking to have the case quashed. After examining the contents of the Facebook post, the Court stated that it did not find sufficient grounds to interfere at this stage and allowed the criminal proceedings to continue. The bench observed that the petitioner could raise all legal defenses before the trial court, which would be the appropriate forum to examine the matter in detail.
The case stems from an FIR registered under various sections of the Indian Penal Code that deal with promoting enmity between different groups and hurting religious sentiments. According to the FIR, the petitioner’s Facebook post made on August 5, 2020, read, “Babri Masjid too will one day be rebuilt, just as the Sofian Mosque in Turkey was rebuilt.” The post was shared widely on social media and drew strong reactions from different quarters.
In his defense, the petitioner argued that his statement was merely an expression of personal belief and was fully protected under Article 19(1)(a) of the Constitution, which guarantees the right to freedom of speech and expression. He maintained that his words were neither inflammatory nor intended to provoke any community. The petitioner further claimed that some of the offensive comments attributed to him were actually made by another person using a fake account that closely resembled his own profile. He also contended that the police had failed to take any action against the individual operating the fake profile and had unfairly singled him out for prosecution.
During the hearing, the Supreme Court made it clear that it would not comment on the nature or intent of the Facebook post. The bench noted that such issues required a factual examination and that the trial court was the proper authority to determine whether any offence had been committed.
At that stage, the petitioner’s counsel chose to withdraw the plea, stating that the client did not wish to invite any remarks from the Supreme Court that might adversely affect the ongoing trial. The bench allowed the withdrawal, thereby closing the matter before it but leaving the criminal proceedings in place.
This development highlights the judiciary’s cautious approach when dealing with cases involving social media expression and religious sentiments. The Court’s refusal to intervene underscores the principle that while freedom of speech is a fundamental right, it is also subject to reasonable restrictions, especially when the expression is alleged to disturb public order or incite tension among communities.
The case will now continue before the trial court in Uttar Pradesh, where the petitioner can present evidence and arguments to prove his innocence. Legal observers believe that the outcome of the trial could have broader implications for how social media posts related to sensitive religious topics are treated under Indian criminal law.
The post Supreme Court refuses to quash criminal case over Facebook post about Babri Masjid appeared first on India Legal.