The Bombay High Court has reprimanded a police officer for attempting to curb a professor's freedom of speech. The officer had written to a college principal, seeking action against the professor who had referred to the book “Shivaji Kon Hota” by late activist Govind Pansare to pacify students when they allegedly attacked another professor over a speech.
The court questioned the police as to what kind of democracy it was and whether an offence was made out despite the petitioner having claimed her right under Article 19(1)(a) for freedom of speech and expression.
The division bench of Justices Revati Mohite-Dere and Prithviraj K Chavan was hearing a plea by Dr Mrunalini Aher who challenged a letter sent by the sub-inspector of a police station in Satara district in August 2023.
The plea was disposed of on Friday after police told the court the letter will be unconditionally withdrawn.
The case involves Dr. Mrunalini Aher, a professor at Yashwantrao Chavan College in Satara, who was confronted by students after referencing Pansare's book "Shivaji Kon Hota" during a lecture. The students alleged that another professor had made disrespectful comments about certain personalities.
The professor claimed the letter "brazenly and in complete excess of its powers" asked the principal of Yashwantrao Chavan College in Pachwad to conduct a probe against Aher and submit a report to the police station.
The plea, filed through her advocate, claimed that on August Kranti Din (August 9) last year a professor delivered a lecture on venerable personalities.
During the speech a segment of students got agitated as they felt that some disrespectful words were used about the said personalities.
Aher, who was present during the lecture, claimed she attempted to pacify the situation and referred to Pansare's book to do so, the plea said.
Aher claimed some "over-enthusiastic and unscrupulous" members of the audience then sought to attack her alleging she was supporting the fellow professor instead of condemning his behaviour.
The sub-inspector in question, who was also present on the spot, asked the principal to conduct a departmental enquiry against the professor.
Initiation of such an enquiry on the request by a police officer who was not an appointing authority was illegal, she said in her plea.
The high court bench asked the police sub-inspector if he had read the book and questioned if an offence was made out despite the petitioner's right to freedom of speech.
The police officer could not have exceeded his powers and asked or issued directions to the college principal to take action, the high court bench said.
The court then warned the state of passing strictures against the officer.
However, the plea was disposed of after the prosecution told the court the communication will be unconditionally withdrawn.
Pansare was shot at on February 16, 2015, in Maharashtra's Kolhapur and died of his injuries on February 20.
(With PTI Inputs)
