- (1.) AMAR Saran, J. Heard Shri R. P. Goyal assisted by Shri Manish Goyal, learned Counsel for the applicant, Shri N. I. Jafri, learned Counsel appearing for opposite party No. 2 and learned Additional Government Advocate representing the State and perused the application under Section 482 Cr. P. C. and the affidavit filed in support thereof, counter-affidavit filed by opposite party No. 2 and the written argument filed on behalf of the applicant.
(2.) THIS application has been filed for quashing criminal proceedings in Criminal Case No. 106 of 1990, Khurshidur Rahman v. Sri Ashok Singhal & Ors. , pending in the Court of IV Judicial Magistrate, Aligarh and the order dated 27- 2-1990 passed by the IV Judicial Magistrate taking cognizance against the applicant under Sections 108, 153-A, 153-B, 295, 298 and 501 IPC. The allegations in the complaint dated 5-6-1989 were that an article appeared in the weekly news magazine "panchjanya" on 30-4-1989, which carried an interview of Ashok Singhal, General Secretary of the Vishwa Hindu Parishad, the offending portion of which read: "aray Bhai Dangay Fasad Karna To Musalmano Ki Rojana Ki Kasrat Hai. Jis Tarah Hum Log Subah Uthker Vyayam Kartay Hai Na Theek Usi Tarah yeh Log Dangay Kartay Hai. Insay Darta Kaun Hai. Aray Unki To Quran Bhee Dangay Ki Shiksha Daytee Hai Quran Kay Anusar Ramzan kay Mahinay Ko Chhor Ker Baki Sab Mahino May Katl Kerna Jayaz Hai Per Ab To Musaiman Ramzan May Bhee Apni Markat Say Baaz Nahin Aata. Ekkeeswi Shatabdi May Sah-Astitva Kee Bhumika Kay Prakash May Unhay Quran Ki Kuchh Aayto Ki Punarvyakhya Karni Chhaihay. " Translated the statement is as follows: "oh brother indulging in riots is the daily exercise of the Muslims. In the same manner as we do exercise in the morning, in that very manner these persons indulge in riots. Who is afraid of them. Even their Quran imparts lesson of indulging in rioting. According to the Quran, except the month of Ramzan, it is legitimate to commit murders in other months, but now even in the month of Ramzan the Muslims are not abstaining from this exercise on their part. On the basis of the principle of mutual co- existence, in the 21st Century, some of the Verses in the Quran need to be recast. " According to the complainant, he was a peace loving person and a follower of the Muslim religion of which Quran was the sacred text, whose sacred character was to be preserved by all Muslims and as a consequence of the applicant's interview in the 'panchjanya', which was published from Delhi, which describes members of his community as rioters and murderers and denounces their sacred text, the Quran, great mental pain was caused to the complainant and his religious feelings were outraged.
(3.) ON the basis of the aforesaid complaint and after examining the complainant under Section 200 Cr. P. C. and his witnesses Amiruddin and Munawwar Ali under Section 202 Cr. P. C. and the documentary materials, which consisted of the interview as published in the weekly 'panchjanya' and the report of the S. S. P. , Aligarh (Exts. Ka-5 and Ka-6), the learned Magistrate summoned the applicant, who was the General Secretary of the Vishwa Hindu Parishad and Ram Janam Bhoomi Samiti, Mukesh Kaushik, Journalist in the said weekly, Hem Das Kotwani, Printer and Publisher of the said weekly and Ram Shanker, the Chief Editor of 'panchjanya' by the order dated 27-2-90. The Court observed that prima facie the impugned interview hurt the religious feelings of the complainant and his co-religionists and acted as a negative influence by tending to promote enmity between different religious communities, and was prejudicial to the maintenance of harmony and the cause of national integration. Words which were derogatory and insulting of the religion of a particular community, or meant to hurt their religious feelings were spoken, and even after being conscious of the fact that the words were defamatory of the Muslims, they were allowed to be published.;