Supreme Court refuses to quash criminal proceedings over Facebook post on Babri Masjid

New Delhi: The Supreme Court has refused to quash a criminal case against a law graduate for making a social media post saying Babri Masjid will be rebuilt one day.

A bench of Justices Surya Kant and Joymalya Bagchi said the court has seen the post and does not want to interfere with the criminal proceeding against petitioner Mohd Faiyyaz Mansuri.

Advocate Talha Abdul Rehman, appearing for the petitioner, contended that there was no vulgarity in the post and Mansuri only said Babri Masjid will be rebuilt like Sophia mosque in Turkey.

The counsel contended the petitioner's post contained no vulgar or inflammatory content and that the objectionable remarks were actually made by another individual who had not been investigated.

The bench, however, said, "We have gone through the post. Don’t invite any comment from us."

The counsel then decided to withdraw the plea.

In its order on October 27, the court recorded after arguing the case for some time, counsel for the petitioner seeks and is permitted to withdraw this petition.

"The special leave petition is, accordingly, dismissed as withdrawn. It goes without saying that all the defence plea that may be raised by the petitioner shall be considered by the Trial Court as per their own merit," the bench said.

The petitioner challenged the validity of the Allahabad High Court's order of September 9, 2025 declining to quash the criminal proceedings in the case.

An FIR was filed against Mansuri, now a law graduate on August 6, 2020, accusing him of posting a “derogatory message” on Facebook.

The FIR was registered under Sections 153A, 292, 505(2), 506, and 509 of the IPC, and Section 67 of the Information Technology (Amendment) Act, 2008.

Subsequently, the District Magistrate of Lakhimpur Kheri ordered Mansuri’s detention under the National Security Act (NSA), 1980, but the Allahabad High Court quashed the detention in September 2021.

Babri mosque was demolished on December 6, 1992, by a mob. In 2019, the Supreme Court's Constitution bench ruled in favour of the Hindu side on the disputed site where the mosque was built in the 16th century.