NEW DELHI – The Supreme Court of India on Monday refused to dismiss a criminal case against Mohd Faiyyaz Mansuri. Mansuri, a law graduate, faces charges for a social media post made in 2020 stating, "Babri Masjid will be rebuilt one day."
A bench comprising Justices Surya Kant and Joymalya Bagchi reviewed the social media post. They stated no interference with the criminal proceedings against Mansuri would occur. The court’s decision means Mansuri must now face trial in a lower court regarding the controversial post.
Case Background and Legal Journey
The case originates from an August 2020 social media post. Mansuri reportedly shared content implying the rebuilding of the Babri Masjid. The post also featured disparaging remarks against Hindu deities made by another individual. Following the post, the district magistrate of Lakhimpur Kheri ordered Mansuri’s detention.
The Allahabad High Court later set aside the detention order. However, the legal proceedings against Mansuri continued. Earlier in 2024, the trial court officially acknowledged the charges against him. This step, known as taking cognisance of the charge sheet, moves the case closer to a full trial.
Mansuri had previously approached the Lucknow bench of the Allahabad High Court to quash the criminal case. The High Court refused to dismiss the charges. Aggrieved by this decision, Mansuri then filed a Special Leave Petition (SLP) with the Supreme Court, seeking intervention.
Supreme Court Proceedings
During the Supreme Court hearing, Mansuri’s counsel, Advocate Talha Abdul Rehman, argued the post contained no vulgarity. He asserted Mansuri merely referenced the rebuilding of Babri Masjid, drawing a parallel to a mosque in Turkey. Rehman also highlighted that inflammatory remarks against Hindu gods were made by another person, not Mansuri, and that this other person had not been investigated.
Justice Kant responded to the counsel’s arguments with a stern warning: "Don’t invite any harsh comment from us." This remark indicated the court’s disinclination to entertain the plea.
Sensing the court’s firm stance, Mansuri’s counsel requested to withdraw the petition. The Supreme Court granted this request. The Special Leave Petition was dismissed as withdrawn. This withdrawal effectively ends Mansuri’s attempt to quash the case at the apex court level.
Implications for the Trial
The Supreme Court’s order specified that all defense pleas raised by Mansuri will be considered by the trial court. This ensures Mansuri retains the right to present his arguments and evidence in the ongoing legal proceedings.
The Babri Masjid dispute holds significant historical and religious sensitivity in India. A mosque, Babri Masjid, stood in Ayodhya for centuries. In 1992, it was demolished by Hindu activists. The Supreme Court in 2019 ruled in favor of building a Ram Temple at the disputed site. The court also ordered land be allotted for a new mosque in a different location. Public discourse around the issue remains sensitive, making social media posts on the topic subject to scrutiny under laws concerning public order and religious sentiment.
Mansuri’s case will now proceed through the lower courts. The trial court will examine the evidence and arguments to determine if his social media post violated any laws.