[Kashi temple remarks] Allahabad High Court puts interim stay on student's arrest accused of assaulting Lucknow University Professor

The Lucknow Bench of Allahabad High Court on Monday granted interim relief from arrest to Lucknow University student Kartik Pandey in a case registered over his alleged assault on Assistant Professor Ravi Kant.

Allegedly, Pandey had assaulted the Professor on University premises a few days after the professor participated in a debate on an online portal and allegedly made objectionable comments on Kashi Vishwanath Temple and Hindu saints. Both the Professor and Pandey have been roped in criminal cases.

Filing a criminal writ petition, Pandey prayed the court to quash the First Information Report lodged against him on May 18 by the Professor under Sections 323, 352, 504, 506 of the Indian Penal Code and Section 3(1) (r), 3(1) (s) of SC & ST Act at the city's Hasanganj Police Station. Pandey also sought direction to the authorities to not arrest him. 

Before the division bench of Justice Ramesh Sinha and Justice Saroj Yadav, Pandey's counsel argued that he is a student of Post Graduation and holds great regard for Professor Kant. He further alleged that the Professor lodged the FIR against Pandey just to his harass him with an oblique motive.

Pandey's counsel also apprised the court about the case lodged against the Professor under Sections 153A, 504, 505(2) IPC, and Section 66 of the IT Act at the same Police Station for making some provocative statements with respect to the religious places.

Taking note of the submissions, Court held that the matter requires consideration and issued notice to all the respondent parties including the Professor. Court further directed them to file their counter-affidavits within four weeks and asked Pandey to file his rejoinder affidavit, if any, within two weeks thereafter. 

Regarding Pandey's second prayer for interim relief from arrest, Court ordered that till the next date of listing or till the submission of the police report under Section 173(2) Cr.P.C., whichever is earlier, Pandey's arrest shall remain stayed. 

However, Court clarified that it will be of course subject to the restraint that Pandey shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.

Earlier, Court had refused to quash the FIR against Professor Kant too. 

Case Title: Kartik Pandey v. State Of U.P Thru. Prin. Secy. Home And Others