Introduction:
The Allahabad High Court has refused to quash an FIR against Rashtriya Janata Dal (RJD) spokesperson and JNU Ph.D. student Priyanka Bharti. She was charged under Section 299 of the Bharatiya Nyaya Sanhita (BNS) for tearing pages of Manusmriti during a live TV debate. The court ruled that her actions prima facie amounted to a cognizable offense.
Court’s Observations
The division bench of Justice Vivek Kumar Birla and Justice Anish Kumar Gupta held that Bharti’s act was a deliberate and malicious attempt to insult religious sentiments. The court noted that Manusmriti is a “holy book of a particular religion”. Bharti, as an educated individual and political spokesperson, could not claim ignorance.
Her lawyer, Advocate Syed Abid Ali Naqvi, argued that her actions were not intentional and did not impact public order. He also cited legal precedents stating that only deliberate acts meant to outrage religious feelings fall under Section 299 BNS. This section replaced Section 295-A IPC.
However, the court referred to Supreme Court rulings, including Mahendra Singh Dhoni vs. Yerraguntla Shyamsundar. The court too referred Ramji Lal Modi vs. State of UP, which upheld restrictions on religious insults. It also cited Amish Devgan vs. Union of India, where the Supreme Court emphasized the responsibility of public figures in their speech and actions.
Legal Implications
Section 299 BNS criminalizes deliberate acts intended to insult religious beliefs, with a punishment of up to three years in prison. The court stated that public figures must be cautious with their words and actions, considering their influence on society.
Final Decision
Finding that a cognizable offense was prima facie established, the High Court denied Bharti’s plea and dismissed her petition. The case will now proceed as per legal procedures.
