The Supreme Court on Monday refused to interfere with the criminal proceedings against law graduate Mohd Faiyyaz Mansuri, who was booked in 2020 for a social media post stating that the Babri Masjid will be rebuilt one day.
A bench of Justices Surya Kant and Joymalya Bagchi said it had examined the content of the post and found no reason to quash the ongoing criminal case.
Mansuri was charged by the Uttar Pradesh Police in August 2020 after his social media post sparked controversy. The post referenced a mosque in Turkey while expressing hope about the reconstruction of the Babri Masjid. According to Mansuri, another person had posted inflammatory comments in the same thread, but that individual was never investigated.
Following the controversy, the District Magistrate of Lakhimpur Kheri ordered Mansuri’s preventive detention, which was later overturned by the Allahabad High Court. However, after the police filed a charge sheet, the trial court took cognisance of the case.
Mansuri then approached the Lucknow Bench of the Allahabad High Court, seeking to quash the proceedings, but his plea was rejected earlier this year.
Before the Supreme Court, Advocate Talha Abdul Rehman, representing Mansuri, argued that the post was neither inflammatory nor vulgar and simply reflected a sentiment similar to one expressed about a mosque in Turkey. He contended that Mansuri was being unfairly targeted while the actual author of the provocative remarks faced no action.
The bench, however, was not convinced. Justice Surya Kant remarked, “Don’t invite any harsh comment from us.” Realizing the court’s stance, the counsel chose to withdraw the petition.
The bench then recorded:
“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 The Special Leave Petition is, accordingly, dismissed as withdrawn.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 merit.”
With the Supreme Court declining to intervene, Mansuri will now face trial in the criminal case pending before the local court in Uttar Pradesh. The court’s decision indicates that it saw no grounds to halt the proceedings at this stage.
