Absurdity' : Supreme Court Quashes FIR Which Alleged Book In Indore Law College Library Hurt Religious Sentiments https://www.livelaw.in/top-stories/supreme-court-quashes-fir-which-alleged-book-in-indore-law-college-library-to-be-hinduphobic-anti-national-257875
Mehal Jain & Anmol Kaur Bawa 14 May 2024
book titled "Collective Violence and Criminal Justice System" authored by Dr. Farhat Khan,..
Justice Gavai asked, “Why is the state (of Madhya Pradesh) interested in getting an Additional Advocate General to appear in such a matter?! That too on caveat?! Clearly, it seems to be a case of persecution! Somebody is interested in troubling him (the petitioner)! We will issue notice against the IO (Investigating Officer)! Why is the state interested in filing a caveat?”. “There are other instances also where the state appears in similar matters,” the bench was told...n its order, the bench dictated, “We have seen the syllabus which has been approved by the Academic Council. The syllabus contains a subject on 'Collective Violence and Criminal Justice System'…”..
Normally in such matters, we would have granted notice and stayed the FIR. However, since the state has chosen to file a caveat and appear through the learned Additional Advocate General, we are inclined to grant leave in the matter”, stated the bench of Justices Gavai and Mehta in its order
The bench wenton to assert that “Perusal of the FIR would reveal that the FIR is nothing but an absurdity” and that “The FIR taken on its face value does not disclose the ingredients of any of the offences”
“This is a fit case where the court would exercise its jurisdiction under Article 142 and close the proceedings to prevent abuse of law and miscarriage of justice. Allowing the appeal, we, therefore, quash and set aside the FIR dated (…)”