The Court stated that the act of tearing a “holy book of a particular religion” prima facie indicates the commission of a cognizable offence.
The Allahabad High Court recently declined to quash a case against Rashtriya Janata Dal (RJD) spokesperson and Jawaharlal Nehru University (JNU) PhD scholar Priyanka Bharti for tearing pages of Manusmriti during a television debate in December 2024 [Priyanka Bharti v. State of UP and 3 Others].
In its order dated February 28, a bench comprising Justices Vivek Kumar Birla and Anish Kumar Gupta observed that the act of tearing a “holy book of a particular religion” prima facie indicated the commission of a cognizable offence.
The Court further noted that Bharti, being a highly qualified individual and a political party spokesperson, could not claim ignorance as a defense.
“We find that the act of tearing pages of Manusmriti, a holy book of a particular religion, during a live TV debate organized by ‘India TV’ and ‘TV9 Bharatvarsh’ was, prima facie, a reflection of the petitioner’s malicious and deliberate intent. The act was committed without any lawful excuse or justifiable cause,” the Court ruled.
Bharti had approached the Court seeking the quashing of the First Information Report (FIR) filed under Section 299 of the Bhartiya Nyaya Sanhita (BNS) at Roravar Police Station in Aligarh district.
She contended that there was no intent or deliberate effort to insult the sentiments or beliefs of any individual or religion. However, the Court declined to quash the FIR.
