Friday, May 3, 2013

proclamation and forfeiture of offending Surah and Ayate written in Quran to rightful conclusion through judicial interpretation

1.    section 95 Cr.P.C. read-with Sections 153-A and 295-A of I.P.C., wherein a public duty is casted upon the Central Government and State Govt. to forfeit every copy of Koran, also spelled as ‘Quran’. The so called religious book of the Muslims the world-over, which insides violence, disturbs public tranquility promotion, on the grounds the religion, a feeling of enmity and ill-will between different religious communities and thereby insults other religions and religious belief of other communities in the secular of India.
2.    That for the convenient perusal the section 95 of Cr.P.C. and the provisions of section 153-A and 295-A of I.P.C. are reproduced as under :-
                                          i.    “95, Power of declare certain publications forfeited and to issue search-warrants for the same—(1) where-
b.    any newspaper, or book, or
c.    any document,
                                          i.    wherever printed, appears to the State Government to certain any matter the publication of which is punishable under Section 124-A or Section 153-A or section 153-B or section 295-A of the Indian Penal Code ( 45 of 1860), the State Government may, by notification, stating the grounds of the opinion, declare every copy of the issue of the newspaper containing such matter, and every copy of such book or other document to be forfeited to Government, and thereupon any police officer may seize the same whenever found in India and any Magistrate may by warrant authorize any police officer not below the rank of sub-inspector to enter upon and search for the same in any premises where any copy of such search for the same in any premises where any copy of such issue or any such book or other document may be or may be reasonably suspected to be.
                                         ii.    (2) In this section and in section 96-
d.    “newspaper” and “book” have the same meaning as in the Press and Registration of Books Act, 1867 (25 of 1867);
e.    “document” includes any painting, drawing or photograph, or other visible representation.
                                          i.    (3) No order passed or action taken under this section shall be called in question in any Court otherwise than in accordance with the provisions of Section 96.”

f.     “153-A.  Promoting enmity between different groups on grounds of religion, race, place of birth, residences, language, etc. and doing acts prejudicial to maintenance of harmony.- (1) wherever-
3.    by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities , or
4.    commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquility.
5.    Organizes any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing to it be likely that of participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or  caste or community and such activity, for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional groups or caste or community,
a.    Shall be punished with imprisonment which may extend to three years, or with fine, or with both.
                                          i.    Offence committed in place of worship, etc.- (2) Wherever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.”
b.    “295-A.  Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religious beliefs – wherever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India, by words, either spoken or written, or by signs or by visible representations or otherwise, insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.”   

6.    That although according to the Islamic belief, Koran ( Quran ) is regarded as a divine book containing the words revealed by prophet Mohammad. The verses of Quran were in relations to the happening taken place during the particular events and the connotation of it has a different and separate back grounds , than the present scenario based upon the logical perceptions and that of intellectual property rights.
7.    That in the society, wherein the Rule of Law is supreme, the perceptions of authenticity is based upon the truthfulment of the statements and the orthodox superstitions with the ideological confrontation be wiped out in collaboration with harmony between other sections of the society.
8.    That the Muslims in India have seldom invited their own people for the public discussions of their creed in general. The effect of the preaching made by their prophet and most of them have idolized the verses of Quran at par with their religion. The result of such pressure being exerted by vociferous activities upon rest of citizens in case one may convince to have the introspection of the repercussions of such preaching which ultimately lead its followers and act of terrorism.
9.    That such activities have been broadened to include the memberships, support, assistance or furthering the activities of some terrorists’ organizations. The raising of funds intended for the purposes of ‘Terrorist Act’ has always provided an enumerable loss to the life and property of the people worshiping the other religion than Islam. Thus in a secular estate such activities of terror may provide a considerable loss to national assessed by declining in the terrorist participation in promotion of the financial assessed to out nation.
10.  That the petitioner is seeking the direction from the Central Government to declare such preaching of ‘ZIHAD’ for converting out nation as DARUL-E-ISLAM by the recital of verses of Quran as detrimental to the interest of the nation.
11.  That the citizens having following of the other religion of Hinduism, Buddhist and Jainism including Jews, who are regarded to be “infidels” at the hands of “believer” of Quran, have their right to know in respect of their fault being committed by them on account of their non-violent and peaceful a domination of every religion. Thus there is no moral and spiritual import except by a free and fourth right discussion and the interpretation of verses of Quran in its rights prospectives to the followers of the Islam.
12.  That a citizen who is properly informed regarding the public opinion can only decide in the long run, as to whether the Quran qualifies or not as a religion scripture.
13.  That by the mere reading of a few sayings of Quran – 37 which proclaims “ Preach cruelty, incite violence and disturbs” public peace, while verse –17 saying which “ Promote on ground of religion, feeling of enmity, hatred and ill-will between different religious communities in India”. The 31 saying further proclaim, “ Insult other religious as also the religious belief of other communities.
14.  That secular pattern in behaviour of Muslim majority in Bangladesh and Pakistan towards the Hindu minority simply demonstrates the cruelty and feelings of hatred amongst the fellow citizens in keeping with the tenets of Islam.
15.  That it is submitted that recent photos of Bangladesh Hindus, who have been systematically uprooted from their ancestral home land, even after India had made great sacrifice for speculating liberation for Bangladesh are mesirable, which is apparent from perusal of photographs of Mass-killing and gang-rapes conducted in Bangladesh. The copies of photographs published in ------------ having naked bodies of women lying slaughtered and victims of rape, gang-rapes in the family of the Hindus minority at Bangladesh and the treatment given to the personnel of Border Security Forces are filed herewith as Annexure no.1.
16.  That on one hand the Hindus, Buddhist, Jainism stood for non-violence, truthfulness, non-stealing, chastity and non-covetousness, while the preaching of Quran may puzzle them the adherents of another religion of Islam based upon the cruelty, violence and crime. Thus the concept of secularism as adhered by our nation has become antithesis with the acts of terrorism and recital of preaching from Quran.
17.  That the similar issues were raised in the matter of writ application no. 297 of 1985 in the constitutional writ jurisdiction at Calcutta, wherein there was recital of the ‘SURAH & AYATEN’, which are reproduced as Annexre No. 1
18.  That it was submitted that communal strife and conflicts in its orthodoxy may be seen at Pakistan whose sizable number of Hindu population has been obliterated through murder or through forcible conversion. However, in the judgement passed by then Hon’ble Mr. Justice Vimal Chandra Basak on 17th May, 1985 had observed that making such order as prayed for would amount to abolition of Muslim religion.
19.  That the problem is now aggravated by the facts that unlike other communities, Muslim are highly orthodox people and follow the sayings of Quran with fanatical zeal as a result of which even the sizable number of Muslim population can never have been peace on the soil of our nation.
20.  That even the Muslim Act founded by Baha’iulah in Iran in 19th Century, whose 1 Millions followers are living in India for spiritual unity, which is uncomphertable with Quranic preaching has been subjected to verse prosecution and the students have been expelled from school and colleges in Iran. In Shia nation and Sunni nation are themselves indulged in violent conflict resulting in numerous death. Thus a modified version of Surah and Ayat in the preset context of communal harmony is required to be given to its followers if the majority of the citizens are save themselves for the vast communal passions and religion fanaticism.
21.  That the judgement given in Chanda Mal Chopra and another Vs. State of West Bengal was based upon the wrong premises that section 295-A does not penalize any and every act of insult or attempt to insult the religion or religious belief of class of citizen, which are not perpetrated with deliberate and malicious intention of religious feelings of that class. It was observed by the Hon’ble Court that in its opinion it cannot be said that Quran offers any insult to any other religion.
22.  That the preamble of our constitution and Article 25 and 26 of our Constitution are providing freedom of conscience.
23.  That the preamble proclaimed India to be secular states. However, it has been wrongly interpreted that offending Surah and Ayate of Quran if being forfeited from its publication and  the recital may deprive a section of people of their right of thought expression, belief, faith and worship, such action would amount to abolition of Muslim religion. This has been a wrong findings which are totally inconsistent with the offended verses of its Surah and Ayat as reproduced above.
24.  That the application of section 153-A is squarely applicable for forfeiture and banning of the offending Surah and Ayat enumerated in the Quran as the same generates disharmony feeling of enmity and hatred and also the ill-will between different religion or community.
25.  That it was observed in the aforesaid judgement of Chopra case, while delivering the judgement by Hon’ble Mr. Justice Basak that no untoward incident has been reported till then for carrying on the mutual enmity, hatred between section of the Muslim minority and Hindu Majority incite violence as main aim and object of Quran.
26.  That the petitioner most respectable submits that a lot of the terrorist activities have been sur-phased by the followers of the Islam mainly on account of preaching given in Quran, which has lead to the violence of Bombay Blast case of 1993 by Daud Ibrahim and Saleem, Ankaleshwar Temple blast, Killing the parliamentary attack, 11th September Tower Attack in America, series of bomb blast inside the railways compartments in Mumbai, Sankatmochan Mandir blast and complete elimination of members of other communities for territory of Jammu and Kashmir and Godara blast are the evidence to demonstrate that the decision given by Justice Basak has not taken any probability of the happening mentioned above and as such the present writ petition requires to look into the facts of mass-acre and atrocities committed upon the innocent Hindu citizens. It is submitted that as the last word of prophet written in Quran  the Muslims are not ready even to enter in argument or discussion while on the other hand there has been recent judgement of Supreme Court of Malaysia discouraging the bearing of turban by the students, which was adopted on account of being warn by prophet Mohammad. The true photo copy of the judgement passed by three judges bench of Malaysia Court is being filed herewith as Annexure no. 2 .
27.  That the sources of Islam or Quran and Hadis, called as Sullah, the Quran contains the prophet “rebulation”., while Hadis are al that prophet Mohammad did or said or enjoyed, forbade or did not forbid approved or dis-approved. The Quran is Hadis-mutawatir i.e. the tradition considered authentic and genuine by all Muslims from beginning. The interpretation used by its followers even in changed context of the present days scientific invention and in the light of 2 nuclear bomb invasions in two other centuries is not correct interpretation, which could have been said to be last word of prophet Mohammad as if prophet Mohammad would have been surviving today he would have not promoted Zihad in way of prayer of Allah, nor “ infidel” so called Hindus would have been burned or slaughtered in such a manner as the followers of Islam have started practicing in the name of Quran.
28.  That the vary revelation of the word Islam from which the Muslim has been formed, the same drives from “ AS-LAM’ meaning solution to other and peace. Thus the meaning of infidel does not mean the fellow of other religion, but those who does not believe in any God and have indulged in the ruthless killing of animals and other fellow citizens, the true perceptions of the correct proposition of Surah and Ayat may be understood by healthy discussions in the matter. Thus every Hindu citizen has got the right to know the meaning of the infidel and status of Zimmis on which the Zaziya or capitation tax, was realised by the force of arms during period of slavery under the Mughals sub-ordination,
29.  That there is another aspect of the matter regarding the creation of quite painting by M.F. Hussain proclaiming himself to he follower of Islam. In the aforesaid paintings which have published  and may be seen by any Hindu citizen, there has been naked goddess Durga and goddess Saraswati, Lord Rama without his head and naked Goddess Sita sitting on the thee of Raman and also on the tail of Hanuman. Goddess Durgaji has been shown to the in coupling with the tiger, while goddess Parwati is shown in the union with the Elephant, while Lord Shiva is said to have been watching upon them. Can it be assumed that M.F. Hussain is a cynic or infidel, who is suffering from seizophrenia with the sadistic pleasure by assailing the sentiments of Hindu citizen of our country. The naked photographs of our goddess demonstrated in oil painting by M.F. Hussain are filed as Annexure no.2.
30.  That on one hand the Hindu is considered to be tolerant for whom the misrepresentation is given to be co-ordis      by the Muslims, if the Hindus may start their counter aggressism by preparing the suicidal Bomber upon Zama-Maszid and other mosque, the repercussion may be much serious resulting in the situation of riote Orson and Dona side. Thus in order to provide a curve upon such happening judicial review is required to be done regarding the interpretation of offending Surah and offending Ayate of Quran as the same may not be misunderstood by its followers.
31.  That the example of counter aggression has been seen at Iraq wherein Saddam has been executed by the American in his own country. It is submitted that there may be vested interest of other nations who remained opportunist to rule India on the policy of divide and rule amongst its citizens. Thus the ------given by Britishers for interpreting the Surah and Ayate of Quran is neither beneficial for our nation, nor the same is beneficial for Pakistan and Bangladesh to demonstrate their displeasure on the question of revaluation of truth amongst our fellow citizens.
32.  That it has been brought to the notice of the Most of citizens that N.D.P.S. is used for providing the illusionary atmosphere of Zannat for preparing suicide bombers. It has been found that the individual under going through brain-drain through such illusionary perception was smiling just before few seconds of the blast. Thus the conclusion is in-escapable that the preaching of Quran to its followers by some time generate themselves the illusionary perceptions of providing the attainment to the heaven if they voluntary sacrifice their life in the name of Zihad as Allah ordered them for killng of infidels. Thus the judicial activism is required to be done for positive interpretation of such recital, otherwise slaughtering and thereby plundering of innocent people may lead to the counter aggression, which is not congenial for the development of a Nation.
33.  That Mahatma Gandhi in December, 1927 in face of violent Muslim Mobs pointed out towards its psychology from which Hindus have yet free themselves---------
34.  That Mahatma Gandhi ---------
35.  That in this manner Quran may never be regarded as the holy book, nor the Muslim religion based upon misconception of Zihad and Darul-E-Islam may never be able to get the generation in the mind of Hindus. The slogan of secularism and Sarvadharm Sambhawa, it is submitted that the individual Afzal who attached upon the Parliament has yet not been hanged under the guise of getting the protection as a repercussion of such hanging may not lead to the mob violence, which was seen during the period, when the cartoon of Mohammad was made in the remote country at Denmark.
36.  That it is true that Hindus have fought Muslim invaders, who had locally established the Muslim dynasties. However our previous rulers have neglected to study the religious and ideological motives of such invaders and speculation remained unmindful of new phenomenon in their midst. Thus scullery dissertation of disciples of great learning may demonstrate the awareness-------
37.  That the problem of Muslim phenatics who are the followers of offending Surah and Ayate of Quran by generating the concept of Zihad and Darul-e-Islam is further magnified from the event of having the parliament attack. It is submitted that on one hand there is psychological fear generated in the mind of people from such attack and Godhara killing, but when in retaliation of act of terrorism, the counter aggressism was adopted by Hindu citizens in State of Gujrat then the entire word including appeasement policy of Government could not muster the courage of depreciating the Godhara killing, but the retrial after the acquittal of innocent citizens was further ordered to have been taken place in different State of Maharastra.
That it is threatening of mob violence under the appeasement policy that despite the death sentence awarded to Afzal for his heinous offence of sedition through attack on Parliament, the Government of India could not provide the execution of death sentence. It is submitted that Chief Minister of Jammu Kashmir Sri Ghulam Navi Azad have warned the Central Govt. restraining from execution of Afzal and the entire cabinet decision have yet not the taken courage to hand the culprit of parliamentarian attack under the garb of pendency of mercy petition before his excellency the President of India. Thus the policy enumerated in regard to such pattern-age granted to the invaders indulged in terrorist attack may only be reduced if the Hon’ble Court being sentinel and guardian of majority of population may grant the proclamation and forfeiture of offending Surah and Ayate written in Quran to rightful conclusion through judicial interpretation

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