Indian court case study to Ban Quran for Hate.


Some Times By : Santosh Bhatt

Calcutta Quran Petition, 1985

It may be said that the modern campaign for a legal ban of the Quran started with a petition filed on 29 March, 1985 in the Calcutta High Court in West Bengal, India, asking the Government to confiscate the Quran—whether in Arabic or any other language. The petition—moved by Chandmal Chopra, advocate of Calcutta High Court, Hamangshu Kumar Chakraborthy and Sital Singh under Article 226 of the Constitution of India—asked the court to direct the State of West Bengal to declare the Quran as forfeited to the government on grounds such as below:

‘In terms of Section 95 Cr P C read with Sections 153A and 295A I P C every copy of a book is liable to be forfeited to the government if the book contains words or sayings which promote, on ground of religion, disharmony, enmity, hatred or ill-will between different religious communities or which outrage the religious feelings of any class of citizens of India or insult the religion or religious beliefs of that class of people. This is so whether the book is classic or epic, religious or temporal, old or new.’

‘For example, the Quran incites violence by saying, ‘Believers! make war on the infidels who dwell around you. Let them find harshness in you’ (Surah 9: ayat 123) or by saying, ‘Do not yield to the unbelievers, but fight them strenuously with this Koran’ (Surah 25: ayat 52) or by saying, ‘If you do not fight He will punish you sternly and replace you by other men’ (Surah 9: ayat 39) or by saying, ‘When the sacred months are over, slay the idol-worshippers, wherever you find them. Arrest them, besiege them and lie in ambush everywhere for them’ (Surah 9: ayat 5)’.

The case was initially referred to Justice Khastgir J of the Calcutta High Court, who accepted the petition and gave directions for notice to the contending parties. Thereafter the case was mysteriously passed on to Justice Bimal Chandra Basak of the Calcutta High Court, who dismissed it on 17 May 1985, saying that “a court cannot sit in judgment on a holy book”. Later on, an appeal for reviewing the dismissal of the petition was submitted by Chandmal Chopra in the Calcutta High Court, which was again dismissed by the same judge, Bimal Chandra Basak.

This legal episode led to publication of a book entitled, The Calcutta Quran Petition, in July 1986, which was reprinted in 1987 and 1999.

Delhi Court Upholds Claim that Quran Incites Violence, 1986

Just a year later, a Delhi court upheld the essence of the Calcutta Quran Petition in a separate case. In July 1986, Indra Sain Sharma and Rajkumar Arya of a Hindu group were arrested under Sections 153A and 295A of the Indian Penal Code for publishing a poster, citing 24 verses of the Quran under the caption, ‘Why riots take place in the country?‘ They claimed that ‘These verses command the believers (Muslims) to fight against followers of other faiths‘ and that ‘so long as the verses are not removed from the Quran, riots in the country cannot be prevented‘. Justice Z S Lohat, Metropolitan Magistrate of Delhi, in a landmark verdict, acquitted accused on 31 July, 1986. The critical portion from his judgement read:

‘It is found that the Ayats are reproduced in the same form as are translated in the said ‘Quran Majeed’. In my opinion the writer by writing the above words has expressed his opinion or suggestion and at the most it can be branded as a fair criticism of what is contained in the holy book of Mohammedans’… With due regard to the holy book of ‘Quran Majeed’, a close perusal of the Ayats shows that the same are harmful and teach hatred and are likely to create differences between Mohammedans on one hand and the remaining communities on the other.’

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One Response

  1. So what is the present situation ? Fucking pakies ..if they don’t like india , they can go and fuck their sisters in any of the sixty demonic countries .. No body is forcing tbem to live in india ..go and kill yourself .. But not in india .. If you are not faithful to the country which has fed them , clothed them , educated them .. And yet no desire to help the country. 😱🔤
    The death of two brothers will be avenged , you bahenchids. Mullah taru ane Tara jeva no nyaya lesu…

    Like

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