Delhi HC dismisses PIL for fair probe in FIRs lodged in UP, Uttarakhand over 'I Love Muhammad' posters

New Delhi, Nov 12 (PTI) The Delhi High Court on Wednesday dismissed a petition seeking free and fair investigation in cases registered in Uttar Pradesh and Uttarakhand over "I Love Muhammad" posters, saying the plea was "highly misconceived".

A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela said that the high court sitting in Delhi cannot pass directions as sought by the petitioner in relation to first information reports (FIRs) registered in other states.

The PIL was filed by Shujaat Ali, a representative of Raza Academy and the national president of Muslim Students Organisation of India (MSO), accusing the police in Uttar Pradesh and Uttarakhand of lodging false and communal FIRs that criminalise peaceful religious expression of a minority group.

The posters were put up during processions organised on Milad-un-Nabi, commemorating both the birth and passing of the Prophet.

The FIRs relate to certain occurrences which are said to have taken place at the time of procession.

The court noted that all the three FIRs, mentioned in the petition, are registered outside Delhi and in terms of law, they are to be investigated by the investigating authorities of the police station concerned unless any special agency is appointed to investigate the allegations.

"Nothing prevents the accused persons named in these FIRs to take recourse to the legal remedy which will be available to them for ensuring that the allegations in the FIRs are investigated in a proper, lawful and impartial manner," the bench said.

The bench added that it has its own doubts whether it will be possible and legally permissible for this court sitting in Delhi to issue such directions as sought in the petition. The cause of action for seeking the prayer made in the plea.

"Such matters, in our considered opinion, cannot form the basis of seeking the prayers made in this petition. The petition is highly misconceived and is dismissed," the court said.

The petitioner challenged multiple FIRs and arrests made in connection with the "I Love Muhammad" posters, which they claimed to be "expressions of devotion".

The PIL claimed that the FIRs were "communal in nature" and violated their "fundamental rights".

It said people displaying those posters were merely celebrating their religious festivals and expressing their devotion to God.

"However, without any cogent or independent evidence, they have been framed in multiple criminal cases by members of the majority community, who have levelled allegations of rioting, criminal intimidation, and breach of peace against them," the plea claimed. PTI SKV ZMN