JOY CHERIAN Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) The accused in C.P.No.37/2010 on the file of the Judicial First Class Magistrate Court-III, is the petitioner herein. Petitioner is the Managing Director of a publication firm by name New Jyothi Publications. He was given contract for the publication work of the text book for Class-2 for CBSE English Medium for the academic year 2010-11. Accordingly, he published a syllabus book "Stepping Stones Part-II". This book was divided into four parts namely English, Mathematics, Information Studies and General Knowledge. In the General Knowledge section, in Unit 18, towards the chapter Religious Leaders, the pictures of world famous religious leaders such as Buddha, Sankaracharya, Jesus Christ, Guru Nanak, Prophet Mohammed and Vardhamana Mahaveer were given. On the left side is a short description of the religious leaders and on the right side of their pictures. Item No.5 in the religious leaders, the picture of Prophet Mohammed was given with a description that he is the founder of Islam and Koran is the holy book of Islam. That portion of the book containing the picture is produced as Annexure-A.

(2.) On seeing the publication, certain fundamentalists belonging to the organization by name popular democratic front, styled themselves as protectors of Islam and Prophet Mohammed, barged into the office of the petitioner on 24.5.2010 and destroyed the office properties and committed mischief. According to them, there is an Islamic injunction restraining any person from publishing the images of Prophet Mohammed in any manner whatsoever and any such publication is blasphemous and against the sentiments of Moslems and Islam. On the basis of the statement given by the petitioner, a crime was registered as Crime No.391/2010 of Thambanoor Police Station against the persons who attacked the institution of the petitioner alleging offences under sections 143, 147, 148, 149, 452, 427 and 436 of the Indian Penal Code. On the basis of the statement given by the additional 4th respondent, another crime was registered as Crime No.390/2010 against the petitioner of the same police station under Section 153A(a) of the Indian Penal Code alleging that by causing publication of the picture of Prophet Mohammed in Anneuxre-A, he had committed blasphemous and wounded the sentiments of Islam community and thereby he had committed the above said offence. After investigation, Annexure-B final report was filed and it was taken on file as C.P.No.37/2010. Even assuming that the entire allegations are accepted, there is no offence under Section 153 A(a) of the Indian Penal Code was committed. There is no injunction in the Koran that photographs of Prophet Mohammed should not be published. What is prohibited in the Koran and Prophet Mohammed is only against worshiping of human being and there is only one God, no other person can be projected as God and he should not be worshiped. There is no intention on the part of the petitioner to instigate or create hateredness by making the publication. When somebody objected the same, the same were withdrawn and the photo was removed from the publication. So no offence under section 153 A(a) of the Indian Penal Code was committed and proceeding with the case will only amount to abuse of process of court. So he has no other remedy except to approach this Court seeking the following relief:

(3.) Heard the counsel for the petitioner Sri. Sasthamangalam S. Ajithkumar, Sri.K.V.Sohan., learned cousnel appearing for additional 6tyh respondent and Smt.V.H.Jasmine, the learned Public Prosecutor and perused the case diary file.