Madhya Pradesh High Court dismissed a petition seeking ban on the use of the term ‘Love Jihad’ by newspapers and news channels on 19th June this year.
The petition was filed by one Maruf Ahamd Khan who submitted that the use of the term Love Jihad by media outlets and newspapers hurts the religious sentiments of the Muslim community.
The petition was filed under Article 226 of the Constitution in the form of a writ in the nature of mandamus requesting the court to direct concerned authorities to take action against the publication of “fake” and “misleading” news relating to the Muslim community.
The petitioner alleged that such publication resulted in his sentiments being hurt and the exploitation of the Muslim community.
However, the petition was dismissed by the High Court on the ground that the relief prayed by the petitioner cannot be claimed in the nature of a Public Interest Litigation (PIL).
“In view of the nature of relief which has been claimed in the writ petition coupled with the averments made in the complaint it is clear that the petition is in the nature of a Public Interest Litigation for which mandamus cannot be issued. Under these circumstances, this Court refrains from entertaining the writ petition,” Justice Vishal Mishra noted in the dismissal order.
The High Court directed the petitioner to use alternative remedies of approaching the concerned Magistrate under section 156(3), CrPC/175 BNSS or filing a private complaint under section 200, CrPC/223 BNSS.
