SC refuses to quash criminal case against law graduate for social media post 'Babri Masjid will be rebuilt’

A law graduate who posted "Babri Masjid will be rebuilt like Turkey's Sophia Mosque" on social media will face prosecution as the Supreme Court has refused to quash a criminal case against him.

“Please don’t invite any comments from us… We have seen your post… We have read it many times," a Bench led by Justice Surya Kant told advocate Talha Abdul Rehman who represented petitioner Mohd Faiyyaz Mansuri.

Mansuri had challenged the order of the Lucknow Bench of the Allahabad High Court refusing to quash the criminal case lodged against him for posting "Babri Masjid too will one day be rebuilt, just as the Sofian Mosque in Turkey was rebuilt.”

Rehman contended that there was no vulgarity in the petitioner’s post and that it was another person who made the inflammatory post but that person was not investigated.

He contended that his post was a mere expression of opinion protected under Article 19(1)(a) of the Constitution (right to free speech), and that it contained no vulgar or inflammatory language.

"My lordships have not seen the post," Rahman insisted.

“Don’t say that we have not seen it. How can you say we have not seen it? If you behave like this, you must face the consequences," Justice Kant told the petitioner’s counsel who sought to withdraw the petition.

"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 The Special Leave Petition is, accordingly, dismissed as withdrawn.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 pleas that may be raised by the petitioner shall be considered by the trial court as per their own merits," the Bench ordered.

The FIR was registered against him on August 6, 2020 – on Babri Masjid demolition anniversary — under Sections 153A, 292, 505 (2), 506, 509 IPC and Section 67 of the Information Technology (Amendment) Act, 2008, for his post after another person made some disparaging remarks on his post against Hindu gods.

Taking note of the offending post, the Lakhimpur Kheri District Magistrate ordered his detention under the National Security Act, which was set aside by the Allahabad High Court in 2021.

However, the trial court took cognisance of the chargesheet filed against him earlier this year.

Mansuri moved the high court again, seeking quashing of criminal proceedings against him but the high court turned down his plea, forcing him to approach the top court.

Hindus believe that Lord Ram was born in Ayodhya thousands of years ago. During Mughal emperor Babur’s rule, a mosque was constructed at the place in 1528 after destroying the temples existing there.  On December 6, 1992, the disputed structure was demolished by Hindu activists and erected a makeshift temple at the disputed site.

On November 9, 2019, a five-judge Bench headed by Chief Justice of India Ranjan Gogoi paved the way for construction of a Ram Temple at Ayodhya as it unanimously decreed the decades-old title dispute in favour of Ram Lalla. It also directed the allotment of alternate land measuring five acres to Muslims for the construction of a mosque and associated activities within the city of Ayodhya.

On January 22, 2024, a new grand Ram Temple was inaugurated at Ayodhya where Prime Minister Narendra Modi, accompanied by key dignitaries, participated in the ceremonial rituals and offered prayers at the sanctum sanctorum of the temple after a magnificent idol of Lord Ram as a child (Ram Lalla) was installed and ‘pran pratishtha’ ceremony was conducted.