Allahabad High Court Refuses To Quash FIR Against Man Over Alleged FB Post Saying Babri Masjid Will Be Rebuilt

The Allahabad High Court on Tuesday refused to quash a criminal case against a man booked over his alleged Facebook post on Babri Masjid, which said that "Babri Masjid will one day be rebuilt, just like Turkey's Sophia Mosque". However, a bench of Justice Ajay Bhanot expedited the trial of the case against the accused (Mohd Faiyyaz Mansuri). For context, an FIR was filed on August 6, 2020, against Mansuri, alleging that he had posted one derogatory message on his Facebook account, on which one Samreen Bano had made an indecent comment on God and the Goddess of the Hindu community. The FIR was registered under Sections 153A, 292, 505 (2), 506, 509 I.P.C. and 67 of the Information Technology (Amendment) Act, 2008 Later, the DM, Lakhimpur Kheri, passed a detention order against the accused under the National Security Act, 1980; however, the Allahabad HC quashed the same in September 2021. Finally, this year, the trial court took cognisance of the chargesheet filed against the accused. Pursuant to that, the accused moved the instant plea. Justice Bhanot dismissed the plea, noting that the offences, on their face value, certainly have the capacity to hurt religious sentiments and impair the country's social fabric. However, considering the gravity of the offence and the facts and circumstances of this case, the bench directed the trial court to expedite the trial. "…the learned trial court shall make all endeavours to conclude the trial expeditiously. Preferably the trial court shall set for itself a reasonable time frame to conclude the trial say one year from the date of receipt of a certified copy of this order", the Court directed. The trial court has also been asked to be conscious of the rights of the accused and to ensure that all expeditious, necessary and coercive measures are adopted as per law to ensure the presence of witnesses. "Counsels or parties who delay or impede the proceedings should not only be discouraged from doing so but in appropriate cases exemplary costs should also be imposed on such parties/ counsel", the Court added. The police authorities have also been asked to ensure that warrants or any coercive measures, as per the law taken out by the learned trial court, to ensure the attendance of the witnesses are promptly executed. Specifically, the Senior Superintendent of Police, Kheri has been directed to file an affidavit before the trial court on the date fixed regarding status of execution of the warrants/service of summons taken out by the trial court. Case title - Mohd. Faiyyaz Mansuri vs. State Of U.P. Thru. Prin. Secy. Home Lko. And Another 2025 LiveLaw (AB) 340 Case citation : 2025 LiveLaw (AB) 340 Click Here To Read/Download Order

Allahabad High Court Refuses To Quash FIR Against Man Over Alleged FB Post Saying Babri Masjid Will Be Rebuilt

Sparsh Upadhyay

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