Aanchal Agarwal–
Published On – September 8, 2021, at 15:59 IST
Allahabad High Court set aside the detention of Mohd Fiyyaz Mansuri who was booked for posting on Facebook regarding Babri Masjid.
A Division Bench comprising Justices Ramesh Sinha and Saroj Yadav decided to quash his detention because of the delay in disposing of his representation by the Government.
The Court observed that due to the delay in forwarding the Petitioners representation on part of the Central Government the Court is now forced with no other option but to set aside the detention of the Petitioner.
The Court also stated, “Indian Constitution guarantees freedom and personal liberty to everyone. However, it should be kept in mind by one and all that the constitutional guarantee of such freedoms and liberty is not meant to be abused and misused so as to endanger and disrespect the very foundation of the pattern of our free and liberal society in which the guaranteed democratic freedom and personal liberty is designed to grow and prosper”.
Mansuri on his Facebook wall had allegedly posted that “Babri maszid ek din dubara banai Jayegi, jis tarah Turki ki Sofiya maszid banai gai thi”.
A case was registered against Mansuri based on the FIR under Sections 153A, 292, 505 (2), 506, 509 of Indian Penal Code and Section 67 of Information Technology Act, 2008.
But then during investigation, Sections 292 and 509 of the Indian Penal Code were removed and Section 295A was added.
After listening to both the arguments the Court held that the detention of the accused was justified but the delay in considering his representation by the Government was not.
The Habeas Corpus Petition was allowed and the accuser’s detention was set aside.
Also Read: Babri Masjid case: High Court adjourns hearing on plea for 2 weeks