Allahabad HC Grants Bail To Muslim Scholar Accused Of Issuing Fatwa To Kill Waseem Rizvi After He Embraced Hinduism

A Bench of Justice Mohd. Faiz Alam Khan granted bail to Maulana Syed Mohammad Shabibul Husaini who allegedly stated in an interview on a YouTube channel that it is desirable to kill Rizvi by uttering words - Katl Wajib Hai (it is desirable to kill).

The court passed this order taking into account the defence of the applicant had not issued a fatwa and he had no authority to do so and whatever he stated in the interview, was stated in the light of the Shia school of thought, philosophy & jurisprudence.

The Court noted that at the relevant point in time, the applicant was only answering a question about the provisions contained in the religious texts on the happening of a hypothetical situation and in this regard, he had highlighted the terms 'Murtade Fitri' and 'Murtade Milli' with its explanation and interpretation and he had issued a clarificatory statement thereafter.

The case in brief

The FIR against Husaini, lodged by Rizvi himself, alleged that the issuance of a fatwa against him was a conspiracy to kill him by inciting Muslims against him, as he accepted Sanatan Dharma (Hinduism). He also claimed that he had been receiving death threats since the issuance of the Fatwa and after the video was uploaded on YouTube.

Pursuant to this, Maulana Husaini was booked under Sections 115, 120B, 153A, 153B, 386, 504, 505 (2), 506 IPC and Section 66 of the IT Act. Earlier in June 2023, he was denied anticipatory bail in the case and was arrested in August 2023.

Seeking bail in the case, he moved to the High Court contending that in the said interview, the applicant was only explaining the difference between 'Murtade Fitri' and 'Murtade Milli', terms used concerning certain offenders of a particular crime.

Allegedly, in his statement, the applicant had stated that Islam strongly dislikes Irtedad (apostasy), since apostasy is in direct conflict with Islam and there are two ways to go to Murtad (Apostate), one is Murtade Fitri and the other is Murtade Milli.

He had further clarified that Murtde Milli is the one who was not a Muslim earlier, became a Muslim and then became a Kafir (non-believer). Such a person is called Murtade Milli and repentance of such a person is possible. Such apostates will be ordered to repent and if he does not repent, then he is Wajibul Katl (it would be justified to kill him). The other kind is Murtade Fitri, i.e. one who was a Muslim earlier and if he wants to come back to Islam again, then such a person is not accepted in Islam and this person is called Murtade Fitr.

High court's observations

The Court noted that the applicant's defence was that he was merely answering a question concerning the provisions contained in the religious texts on the happening of a hypothetical situation and in that context, he had used the terms 'Murtade Fitri' and 'Murtade Milli'.

The Court also observed that the informant (Tyagi) was himself accused of making hate speeches and about 30 criminal cases have been lodged against him.

The Court further noted that the charge sheet in this case has already been filed, the applicant has been in jail in this case since 01.08.2023 without any previous criminal history and that the presence of the applicant could be secured before the trial court by placing adequate conditions.

“Nothing has been placed before this Court through counter affidavit filed by the State, which may justify the further detention of the applicant in prison vis a vis the material collected during the course of investigation. Applicant is also not a flight risk,” the Court further remarked as it granted bail to him.

Case title - Maulana Mohammad. Shabib Hussain @ Syed Mohd. Shabibul Husaini vs. State Of U.P. Thru. Addl. Chief Secy. Lko 2024 LiveLaw (AB) 18

Case citation: 2024 LiveLaw (AB) 18

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