Supreme Court Declines To Quash Criminal Case Over Babri Masjid Facebook Post

Supreme Court Declines To Quash Criminal Case Over Babri Masjid Facebook Post

The Supreme Court on Monday refused to quash criminal proceedings initiated against a man accused of posting a social media message stating that “Babri Masjid will one day be rebuilt, just like Turkey’s Sophia Mosque.”

A Bench comprising Justices Surya Kant and Joymalya Bagchi dismissed the plea as withdrawn after hearing Advocate Talha Abdul Rahman, appearing for the petitioner, Mohd. Faiyyaz Mansuri. The counsel submitted that the petitioner’s post contained no vulgarity or inflammatory content, and that it was another individual who had posted an indecent and objectionable comment on the thread, yet the authorities failed to investigate that person.

However, the Bench remained unconvinced. Justice Surya Kant remarked, “We have gone through the post. Don’t invite any comment from us,” before disposing of the matter with a direction that the trial court shall consider all contentions on their own merits.

The case stems from an FIR registered on August 6, 2020, alleging that Mansuri had made a derogatory post on Facebook. Following the post, one Samreen Bano purportedly made an offensive remark against Hindu deities in the comment section. The police booked Mansuri under Sections 153A, 292, 505(2), 506, and 509 IPC, as well as Section 67 of the Information Technology (Amendment) Act, 2008.

Subsequently, the District Magistrate of Lakhimpur Kheri passed a detention order under the National Security Act, 1980, against Mansuri, which was later quashed by the Allahabad High Court in September 2021.

In 2025, after the Trial Court took cognizance of the chargesheet, Mansuri moved the High Court seeking quashing of the proceedings, contending that his Facebook account had been hacked and that there was no intent to promote enmity or disharmony. He further claimed that the objectionable comment was made by one Ritesh Yadav, who had allegedly impersonated Samreen Bano online.

The Allahabad High Court, however, refused to quash the proceedings in September 2025, though it directed that the trial be expedited. Dissatisfied with this outcome, Mansuri approached the Supreme Court.

Finding no grounds to interfere at this stage, the Supreme Court disposed of the SLP, leaving the petitioner free to raise all his defences before the trial court.

Case: Mohd. Faiyyaz Mansuri v. State of Uttar Pradesh & Anr., SLP (Crl) No. 16370/2025

 

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