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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