AMAR SINGH CHAUHAN,J. - (1.) Heard Sri G.S. Chaturvedi, Senior Advocate, assisted by Sri Imran Ullah and Sri N.I. Jafri, learned counsel for the applicant, Sri Raj Bahadur, learned AGA for the State and Sri Shahid Ali Siddiqui, learned counsel for the opposite party no. 2.
(2.) Applicant, Dr. Zakir abdul Karim Naik, through this application under section 482 Cr.P.C. has invoked the inherent jurisdiction of the Court with a prayer to quash the order dated 07.04.2011 passed by the learned Additional Session Judge IV, Jhansi in Criminal Revision No. 194 of 2010 and the order dated 30.4.2010 passed by the learned Judicial Magistrate-X, Jhansi summoning the applicant under sections 109, 115, 116, 121, 298, 502, 511 IPC, Police Station Kotwali, District Jhansi and further prayed to stay the aforesaid proceeding.
(3.) Brief facts which are requisite to be stated for adjudication of this application are that the opposite party no. 2 filed a complaint on 9.1.2018 before the Chief Judicial Magistrate X, Jhansi with the allegation that in the television programme which was telecasted in Peace TV on 21.1.2006, the applicant had participated in a religious dialogue with Sri Sri Ravi Shanker, the founder of Art of Living foundation, which was held at Bangalore, wherein the applicant had hurt the religious sentiments of a particular community. It is also alleged that applicant had published and distributed a pamphlet just to incite hatred and illwill amongst different communities. It is relevant to reproduce the extract of what has been quoted in Para No. 7 of the complaint as follows:- "Every Muslim should be a terrorist. A terrorist is a person who causes terror. The moment a robber sees a policeman he is terrified. A policeman is a terrorist for the robber. Similarly every Muslim should be terrorist for the anti-social elements of society, such as thieves, dacoits and rapist. Whenever such an anti-social element sees a Muslim, he should be terrified. It is true that the word Terrorist is generally used for a person who causes terror amongst the common people. But a true Muslim should only be a terrorist to selective people i.e. anti-social elements, and to the common innocent people. In fact, a Muslim should be a source of peace for innocent.";