The Delhi High Court (HC) has rejected to dismiss a First Information Report (FIR) filed against a Delhi University (DU) professor over an allegedly offensive social media post made by him.

The post referenced the presence of a 'shiva linga' in Varanasi's disputed Gyanvapi Mosque.

Justice Chandra Dhari Singh, who presided over the matter, dismissed Dr Ratan Lal's petition to quash the FIR registered in May 2022 under Sections 153A and 295A of the Indian Penal Code, stating that the petitioner created a disturbance in the harmony of the society and that the post was made to hurt the sentiments of a large number of people, PTI reports.

He noted the etymology and belief associated with 'Shiva Linga' in his verdict passed on December 17. He further pointed out that no one, whether a professor or an intellectual, has the right to make "such type of comments, tweets, or posts" because freedom of speech and expression is not absolute.

Justice Singh observed that the petitioner's actions and words were incompatible with the beliefs and customs of 'Lord Shiva/Shiva Linga' devotees and believers.

"Whatever content was posted by the petitioner not only hurts the religious sentiments of the complainant but also promotes hatred, enmity and communal tensions among two different communities,” the judgement read.

“Moreover, the act of the petitioner by making repeated comments, even after registration of the FIR further shows the deliberate and criminal act of the petitioner which definitely attracts the applicability of Sections 153A and 295A of the IPC," it further stated.

"Accordingly, the instant petition stands dismissed," the court ordered.

The court further stated that, as a historian and educator, the petitioner held a higher obligation to society as a role model for the common people.