Delhi Court Refuses To Order FIR Against Maulana Over 'Derogatory' Remark Against Hindu Deity During Panel Discussion

A Delhi Court has recently refused to order FIR against Maulana Sajid Rashidi, Chairman of All India Imam Organization, over allegedly inflammatory and derogatory remark made by him against a Hindu Deity during a panel discussion on Times Now news channel in October last year. Additional Sessions Judge Navjeet Budhiraja of Saket Courts upheld rejection of a plea filed by lawyer Amita Sachdeva seeking FIR against Maulana under Section 175(3) of BNSS. Sachdeva alleged that during the panel discussion, the Maulana said the following: “Aap jis aurat ko Devi batate ho, uske saath rape karte ho.” (The woman you call Devi, you commit rape upon her.)The lawyer alleged that the words in question targeted Hindu Deities (Devi) with intent to outrage religious feelings and promote communal enmity. As per the complaint, the Maulana's alleged act prima facie attractes offences under Section 196 (promotion of disharmony, enmity, hatred, or ill-will between different groups), 299 (outraging religious feelings of any class) and 353 (statements conducing to public mischief) of the Bhartiya Nyaya Sanhita, 2023 (BNS).Sachdeva challenged rejection of her plea for FIR citing various cases where FIRs were registered against individuals like BJP leader Nupur Sharma, Delhi University professor Ratan Lal and one Sharmishtha for their statements referring to Muslim community. Refusing to order FIR, ASJ Budhiraja observed that the word 'Devi' used by the Maulana in the panel discussion has to be seen in the context in which it was uttered.The judge said that the transcript containing the panel discussion appeared to be showing the discussion pertaining to women. “The penultimate remark shown to be made by respondent no.2 (Maulana) was stressing upon a view that Islam taught the woman to live and thereafter he went on to equate woman to Devi as per the belief of Studio anchor (perceived to be a Hindu) and then respondent no.2 went on to state that a woman who is stated to be Devi gets subjected to rape. This remark clearly does not make any reference to Hindu Deity or goddess,” the Court said. It added that the Maulana appeared to have remarked about the immoral and illegal acts of rape happening to women who in the Hindu Society is akin to Devi. The judge said that unfortunately, such immoral and illegal acts of rape against women are being committed across India which certainly call for strictest punishment in law but for making the said remark, the Maulana cannot be subjected to any prosecution as the alleged offensive remark is nothing but “mirrors the immoral and illegal acts of some offenders.”“Thus, prima facie, the alleged remark in question would not in any manner tantamount to outraging the religious feeling and promoting criminal enmity,” the judge said. Further, the Court concluded that the import and implication of every statement or remark has to be considered in the context in which it is made, irrespective of the public outrage that followed it. “It is not the case herein that one objectionable statement made by any person cannot be prosecuted, but the said statement or remark has to fulfill the necessary criteria enshrined in section 196/299/353 BNS,” the judge said. “Since no cognizable offence is prima facie made out which warrants further inquiry and trial, the judgments relied upon by the revisionist…would have no application. In the face of afore-noted discussion, the present revision petition does not have requisite merit to take it further and is, thus, dismissed,” the Court adder.Click here to read order

Delhi Court Refuses To Order FIR Against Maulana Over 'Derogatory' Remark Against Hindu Deity During Panel Discussion

Nupur Thapliyal

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