The Supreme Court has granted anticipatory bail to Mirza Moziz Beg, an assistant professor at Indore’s Government Law College, in relation to an 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 Dipankar Datta granted anticipatory bail to Beg.
On February 3, the apex court while issuing notice to the State of Madhya Pradesh on Beg’s plea granted him interim protection against arrest. “Though the counsel for the respondent (State government) contends that the grant of anticipatory bail to the petitioner would not be justified, we are convinced that the petitioner is entitled to interim protection. Hence, the interim protection granted to the petitioner on February 3, 2023, is made absolute which shall ensure the benefit of the petitioner till the completion of the process. The petition is accordingly, disposed of,” the bench stated in its order on April 26.
Advocate Aljo K Joseph appeared for Beg. Beg had approached the top court challenging an order of the Madhya Pradesh High Court by which his application for anticipatory bail was rejected.
He had 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,” Beg had contended. In December last year, the top court granted protection from arrest to Indore’s Government New Law College Principal and professor Inamur Rahman in the same case.
Bhawarkuwan police booked Rahman along with Beg, Farhat Khan author of the book ‘Collective Violence and Criminal Justice System’ and its publisher on December 2 based on a complaint for alleged objectionable content. The complaint stated that the content of the book titled “Collective Violence and Criminal Justice System”, written by 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 Rahman, Beg and three others faced disciplinary action. Rahman was forced to resign from the post of principal. Rahman and Beg were suspended with immediate effect, besides terminating the services of the three other faculty members involved in the row.
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 seeking to be arrested. The book was purchased in 2014. Are you serious?”
