SYED AHMED BHUKHARI Vs. STATE

JUDGEMENT

(1.) On 6.12.1992, the Babri Mosque in Ayodhya was demolished. It is alleged that thereafter Shrl Syed Ahmed Bukhari, Naib Imarn, Jama Masjid had given an inflammatory speech in which he criticised the Government and the Prime Minister. The speech was really meant to arouse the sentiments of the minority community. On the basis of the said inflammatory speech, an FIR No. 98 of 1993 under Section 124-A of the Indian Penal Code was registered against Shri Syed Ahmed Bukhari in Police Station, Jama Masjid, Delhi.

(2.) The arrest of the petitioner could not be made because of the possible apprehension of the problem of law and order following his arrest. The petitioner was and continues to be a leader,of the minority community. Summons could not be served on the petitioner. On 13.1.1995 the petitioner did not appear and bailable warrants were issued against him. The petitioner sought cancellation of bailable warrants issued against him. The bailable warrants were not cancelled and because of his non-appearance, the non-bailable warrants were issued against him for 1.6.1995. Again on 1.6.1995, the non-bailable warrants were received with the report that the petitioner was out of station. The learned Metropolitan Magistrate dealing with the case passed a detailed order on 29.2.1996. It is alleged that the Metropolitan Magistrate had passed some unwarranted and unjustified remarks against the petitioner Shri Syed Ahmed Bukhari. The Metropolitan Magistrate has also made general comments and remarks about the Legislature, Executive, and the functioning of the Police in this country.

(3.) The learned Metropolitan Magistrate had directed the Commissioner of Police to execute the non-bailable warrants against the petitioner personally.