Allahabad High Court Upholds Detention under NSA of Two Men For Insulting and Burning Copies of 'Ramcharitmanas'

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Synopsis

The copies of the Ramcharitmanas were burnt in January last year in support of Samajwadi Party leader Swami Prasad Maurya who had claimed that certain 'chaupayi' of the book promote social discrimination

The Lucknow bench of the Allahabad High Court recently rejected the habeas corpus pleas filed against the detention of two men under the National Security Act (NSA) for disrespecting and burning the copies of the Hindu epic Ramcharitmanas.

A division bench of Justices Narendra Kumar Johri and Sangeeta Johri passed the orders in two separate pleas filed by Devendra Pratap Yadav through his father and Suresh Singh Yadav through his wife. Through the pleas, directions were also sought to quash the detention orders.

In its orders, the bench noted that the way in which the petitioners along with his associates, in a public place in broad daylight, had insulted the religious text which is worshiped by the majority section of society in a public place in broad daylight, generation of resentment and anger in the society was natural especially in the present situation where almost every person of the society is connected with mobile phone and social media.

Therefore, the bench held that in such a situation, when given the imminent danger, the petitioners had been detained by the executive/administration through detention orders, they could not be considered as unreasonable and illegal restriction of the personal liberty of the petitioners.

The First Information Report (FIR) in the case was lodged by BJP leader Satnam Singh Lavi under Sections 120-B, 142, 143, 153-A, 295, 295-A, 298, 504, 505(2), 506 of the Indian Penal Code on January 29, 2023, at PGI Police Station in Lucknow, Uttar Pradesh.

The Lucknow Police had booked 10 named and several unidentified persons on the allegations that they burnt photocopied pages of Ramcharitmanas in support of Samajwadi Party leader Swami Prasad Maurya. Maurya had claimed on January 22 that certain Chuapayis of the book allegedly carry objectionable comments on women and Dalits. 

The police invoked the NSA against accused Devendra Yadav, Yashpal Singh Lodhi, Satyendra Kushwaha, Mohammad Saleem, and Suresh Yadav and detention orders were issued.

Case Title: Suresh Singh Yadav v. State and Others & Devendra Pratap Yadav v State and Others