The Supreme Court has granted anticipatory bail to Dr Mirza Moziz Beg, an assistant professor at Indore's Government Law College, in relation to a First Information Report (FIR) registered against him for allegedly promoting enmity and hatred after an alleged "Hinduphobic" book was found in the library.
A bench of Justices AS Bopanna and Hima Kohli issued notice to the State of Madhya Pradesh on the anticipatory bail plea filed by Dr Beg.
The apex court sought the response of the State government within three weeks.
"Issue notice. In the meanwhile, there shall be interim protection against the petitioner, subject to him diligently participating in the investigation, if required," the apex court stated in its order.
Advocate Aljo K Joseph, the counsel for Dr Beg, told the bench that the book itself has been taken by the police.
"Surprisingly, it is in the LL.M syllabus that has been approved by the academic council and the Chancellor [of the university]," he added.
Dr Beg has approached the top court challenging an order of the Madhya Pradesh High Court by which his application for anticipatory bail was rejected.
He has denied all the charges levelled against him, saying that the book was bought into the college in 2014, long before he joined the college on a contractual basis or when he was engaged as a permanent member of the faculty.
The book has been a part of the Master's curriculum for more than 18 years and taught to all postgraduate students specialising in Criminal Law across the state of Madhya Pradesh, he added in his plea.
"Academic freedom and a book published by someone in 2014 cannot be the basis of an FIR when the petitioner has no connection or remote knowledge of the book," Dr Beg has contended.
In December last year, the top court granted protection from arrest to Indore's Government New Law College Principal and professor Dr Inamur Rahman in the same case.
Bhawarkuwan police booked Dr Rahman along with Dr Beg, Dr Farhat Khan- the author of the book 'Collective Violence and Criminal Justice System' and its publisher on December 2, 2022, based on a complaint for alleged objectionable content in it.
The complaint stated that the content of the book titled 'Collective Violence and Criminal Justice System', written by Dr Farhat Khan and published by Amar Law Publication, is based upon false and baseless facts, anti-national, intended to harm the public peace, the integrity of the nation, and religious cordiality.
Following the massive protests staged on-campus, Dr Rahman, Dr Beg and three others faced disciplinary action. Dr Rahman was forced to resign from the post of principal.
Dr Rahman and Dr Beg were suspended with immediate effect, and the services of the three other faculty members involved in the row were also terminated.
Earlier, when the Madhya Pradesh government's counsel informed the top court that the State intended to challenge the High Court order, Chief Justice DY Chandrachud had expressed surprise.
CJI had then told the State's counsel: "State must do some more serious stuff. He is a College Principal. Why you are arresting him? A book is found in the library which is said to have some communal undertones, therefore he is sought to be arrested? The book was purchased in 2014. Are you serious?"
( With inputs from ANI )
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