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Observing that prima facie the accused was guilty of making derogatory statements, the Allahabad High Court has refused to quash FIR lodged against one Munnawar Rana, professionally an Urdu poet, for hurting religious feelings of Hindus by comparing Lord Valmiki to Taliban.

The division bench of Justice Ramesh Sinha and Justice Saroj Yadav while dismissing the plea observed that,

“the allegation that the petitioner has drawn a comparison of Lord Valmiki with Taliban and as such, hurt the sentiments of the nation and further the petitioner has stated that Taliban will become Valmiki after ten years; Valmiki was a writer and in Hindu religion, anyone can be said to be a God. On account of these statements, the sentiments of the Hindu community have been hurt.”

The Bench further observed that, “the petitioner had not been vigilant and has acted irresponsibly by making the aforesaid derogatory statement.”

A First Information Report was lodged by the President of Samajik Sarokar Foundation (UP) alleging that Rana had drawn a comparison of Lord Valmiki with Taliban.

Rana was charged under Sections 153-A, 295-A, and 505 (1) (b) of Indian Penal Code and section 3 (1) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment, 2015).

However, the accused (Rana) challenged the FIR and also sought stay on his arrest during the investigation of the case.

Bench noted that the accused had made a remark against Hindu community to the effect that, “Even Taliban will be (Lord) Valmiki after 10 years. (Lord) Valmiki was also a Writer. Hindus tend to make anyone their God...” and thereby offences under Sections 153-A, 295-A, 505 (1) (b) I.P.C. are fully made out as sentiments of majority community have been hurt by unnecessary comparison drawn by the petitioner of Lord Valmiki with Taliban in disrespectful manner and without any material basis.

The learned Senior Advocate, appearing on behalf of the petitioner has argued that, “the petitioner has not given any derogatory or provoking statement whatsoever as has been alleged in the impugned F.I.R.”

“in any of his statements, has not even referred to the name of Lord Valmiki and, thus, the question of him comparing Lord Valmiki with Taliban and, thereby, hurting the statements of his devotee or any other religious sect does not arise at all, hence the allegations levelled in the impugned F.I.R. are absolutely vague and unclear,” he further contented.

Learned Additional Government Advocate, on the other hand, has opposed the prayer and has stated that it is the petitioner, who has made a derogatory words so as to promote the feelings of enmity, hatred or ill-will against one religion.

“The statement which has been made the tone and the demeanor of such statement creates hatred, prejudice, enmity, ill-will against one religion,” he further added.

Taking into account the factual matrix of the present case the Bench while dismissing the plea observed that,

“It has been alleged in the impugned F.I.R. that the petitioner has stated that Taliban will become Valmiki after ten years; Valmiki was a writer and in Hindu religion, any one can be said to be a God. These statements of the petitioner has hurt the sentiments of devotees of Lord Valmiki and also not only attacked the Hindu religion but also attacked the dalit society, Lord Valmiki and his disciples.”

Lastly, on the question whether the alleged statements in the F.I.R. has been made by the petitioner or not,the Bench opined that it is a question of fact, which can only be ascertained by thorough investigation.

"More so, from perusal of the F.I.R., it appears that the petitioner, prima facie, is guilty for making derogatory statements, therefore, at this stage, when the investigation of the case is still pending, it cannot be said that the offences which have been made by means of the impugned F.I.R. are not made out as it is a matter of investigation, which is still pending.”

[Case title - Munnawar Rana v. State of UP]