'No Attempt to Promote Hatred': Bail for DU Prof Ratan Lal Over Gyanvapi Post

Professor Ratan Lal teaches History at Delhi University's Hindu College.

A Delhi court on Saturday, 21 May, granted bail to Delhi University Professor Ratan Lal, following his arrest a day before over an allegedly objectionable social media post in connection with claims of a 'Shivling' being found inside Varanasi's Gyanvapi mosque.

Lal was granted bail on furnishing a bond of Rs 50,000 and surety on like amount.

"It is true that the accused did an act which was avoidable considering the sensibilities of persons around the accused and the public at large. However, the post, though reprehensible, does not indicate an attempt to promote hatred between communities."

Order by Chief Metropolitan Magistrate Siddhartha Malik

Chief Metropolitan Magistrate Siddhartha Malik observed that the police's anxiety to maintain peace and order leading to Lal's arrest could be understood, but "the court has to employ higher standards while considering the need to send a person to custody."

It was noted that Professor Lal is a person of good repute with no criminal antecedents, and there is no likelihood that he would abscond.

As a result, the court granted him bail while specifically directing him to "strictly refrain from posting any social media posts or inverviews regarding the controversy which resulted in the present FIR."

Nearly four days after a complaint was registered against him, the Delhi Police on Friday arrested Lal. The cops stated that Lal, who teaches History at the Delhi University's Hindu College, had allegedly "intended to outrage reli­gious beliefs" through his social media post.

Reacting to Lal's arrest, a group of students had protested outside the Arts Faculty at the Delhi University's North Campus.

FIR Against Professor Lal

Lal was booked under Indian Penal Code Sections 153A (promoting enmity between different groups on the grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony) and 295A (deliberate act to outrage religious feelings of any class by insulting its religion).

According to the bail order, the post "relates to a controversy relating to Gyanvapi Mosque and the alleged findings as being circulated on social media". The professor "made a remark on a structure which is claimed by different groups as different religious symbols, including a claim regarding discovery of a 'Shivling'".

Why the Judge Granted Bail

CMM Malik observed that the accused's post is "speculative in nature". He points out that the controversy relates to a report – of the commissioners appointed to conduct a video survey in the mosque by a Varanasi court – which is not in the public domain, and that the alleged findings in the report have not been authenticated at this time.

"When considered in the aforesaid context, the post of the accused may appear to be a failed attempt at satire regarding a controversial subject which has backfired, resulting in the present FIR," the order reads.

Noting that different people could have different perceptions of the post, the judge said that

"The feeling of hurt felt by an individual cannot represent the entire group or community and any such complaint regarding hurt feelings has to be seen in its context considering the entire spectrum of facts/circumstances."

He noted that he himself is a proud follower of Hinduism in his personal life and may call the post distasteful and unnecessary, but for someone else, this may not lead to any negative feelings.

Both Section 153A and Section 295A require specific intent, whether to promote hatred or insult religious beliefs. However, the judge saw no attempt to promote hatred between communities in the professor's post.