Allahabad High Court Grants Anticipatory Bail To AMU Professor In FIR Over Alleged Reference To Rape In Hindu Mythology

A bench of Justice Gautam Chowdhary granted him relief, taking into account the applicant's role and all the facts and circumstances of the case. 

It may be noted that last August, Dr Kumar was granted interim anticipatory bail as the court noted that the University had examined the matter and that a fact-finding committee of 3 Professors and 1 Assistant Registrar had submitted a report stating that the applicant had made a genuine mistake.

The Court had further noted that the fact-finding committee did not report that he had deliberately referenced religious connotations without any source of reference.

“Once a Teacher is teaching in the class room, although within the parameters the subject has to be taught and has given historical references by referring to the book published by the Government, then this Court prima facie feel it cannot be said that the Teacher has intentionally and deliberately attempted to disturb public peace and tranquility on the basis of religious sentiments,” the Court observed in its order.

Against this backdrop, the Court had granted him interim anticipatory bail till the next date fixed for the final hearing on his application, subject to the condition that he shall not make any historical references having religious connotations unless approved by the Academic Council of the University during the pendency of the present case.

The case in brief

Professor Kumar, who was suspended in April 2022 (but was reinstated in 2023) by the University administration, has been accused of hurting religious sentiments by allegedly giving references to various Hindu mythological instances involving gods “to illustrate that rape existed since times immemorial”.

An FIR against him was lodged under Sections 153A, 295A, 298, and 505(2) IPC based on a complaint from Nishit Sharma, an AMU alumnus and BJP worker.

It was the case of the Assistant Professor that he had no intention of hurting religious sentiments, and 'Rape' as a topic was included in the university syllabus as well as a part of the National Medical Commission curriculum (for teaching undergraduate medical students).

He relied on two books, 'Baba Saheb Dr. Ambedkar Sampurna Vangmay Part-8' (pages 176 and 302) and 'Brahma Vaivarta Puran' (published by Geeta Press, Gorakhpur, page 183), to support the claim that his references were based on historical material included in the academic curriculum.

It is also his case that a university fact-finding inquiry did not find that he had made any deliberate reference to Hindu Mythology, as alleged by the prosecution, and that it was a bona fide mistake.