New Delhi: The Supreme Court has refused to quash a criminal case against a law graduate for making a social media post saying Babri Masjid will be rebuilt one day.
A bench of Justices Surya Kant and Joymalya Bagchi said it has seen the post and does not want to interfere with the criminal proceeding against petitioner Mohammad Faiyyaz Mansuri.
Advocate Talha Abdul Rehman, appearing for the petitioner, contended that there was no vulgarity in the post and Mansuri only said Babri Masjid will be rebuilt like a mosque in Turkey.
He contended that it was another person who made the inflammatory post but he was not investigated.
Justice Kant told the counsel, “Don’t invite any harsh comment from us.”
Sensing the mood of the court, the counsel sought to withdraw the plea which the court allowed him to do so.
“After arguing the case for some time, counsel for the petitioner seeks and is permitted to withdraw this petition. The Special Leave Petition is, accordingly, dismissed as withdrawn. It goes without saying that all the defence plea that may be raised by the petitioner shall be considered by the trial court as per their own merit,” the bench ordered on Monday.
Mansuri had challenged the order of the Lucknow bench of the Allahabad High Court refusing to quash the criminal case lodged against him.
He was booked in August, 2020 for making the post in which one other person made some disparaging remarks against gods of the Hindu community.
Taking note of the post, the district magistrate of Lakhimpur Kheri ordered his detention.
The detention order was subsequently set aside by the Allahabad High Court.
However, earlier this year, the trial court took cognisance of the charge sheet filed against him.
Mansuri again moved the high court for quashing of the criminal proceeding against him but the high court refused to quash it.
Aggrieved by the order, he approached the apex court.
