Allahabad High Court Grants Anticipatory Bail to AMU Professor Accused of Blasphemy

Background

Professor Shakeel Samdani, an associate professor of linguistics at Aligarh Muslim University (AMU), was arrested on September 13, 2022, for allegedly making derogatory remarks against Hindu mythology during a lecture.

A first information report (FIR) was filed against Samdani under Section 295A of the Indian Penal Code, which prohibits insulting the religious beliefs of any person.

Arrest and Bail

Following his arrest, Samdani was sent to judicial custody. On October 12, 2022, the Allahabad High Court granted him anticipatory bail.

Conditions of Bail

• Samdani must not abscond or leave the jurisdiction of the court without prior permission.
• He must surrender his passport to the court.
• He must cooperate with the investigation.

Alleged Remarks

According to the FIR, Samdani allegedly made derogatory comments about Lord Vishnu and Lord Krishna during a lecture on the use of Sanskrit in literature.

The specific remarks made by Samdani are disputed, and he has denied any wrongdoing.

Reactions

The arrest of Samdani sparked protests from AMU students and faculty, who claim that he was targeted for expressing his academic views.

Hindu groups, on the other hand, have welcomed the arrest, accusing Samdani of hurting their religious sentiments.

Legal Analysis

The Allahabad High Court's decision to grant anticipatory bail to Samdani suggests that the court does not believe there is a strong case for prosecution.

Anticipatory bail is granted when a person has a reasonable apprehension that they will be arrested.

The court may consider factors such as the nature of the offense, the evidence against the accused, and the likelihood of the accused absconding.

Free Speech and Blasphemy Laws

The arrest of Samdani raises important questions about free speech and blasphemy laws in India.

Article 19(1)(a) of the Indian Constitution guarantees freedom of speech and expression.

However, Section 295A of the Indian Penal Code criminalizes any speech that "insults or attempts to insult the religious beliefs" of any person.

Conclusion

The arrest and subsequent bail granted to AMU Professor Shakeel Samdani has sparked a debate about free speech and blasphemy laws in India.

The case is a reminder that the balance between freedom of expression and the protection of religious beliefs is a complex and often contested issue.