STATE OF MAHARASHTRA Vs. MOHAMMAD YUSUF NOORMOHAMMED

JUDGEMENT

(1.) THE State of Maharashtra has filed this petition on November 28, 1988 under section 482 of the Code of Criminal Procedure for quashing Criminal Case No. 53 Misc. of 1988 filed by respondent No. 1 in the Court of Additional Chief Metropolitan Magistrate, 2nd Court, Mazgaon, Bombay and Criminal Case No. 55 of 1988 filed by respondent No. 2 before the same Court. Both the criminal cases are filed against respondent No. 3 for having committed offences under sections 153, 296 and 298 of the Indian Penal Code. The facts leading to filing of this petition are as under :

(2.) THE respondent No. 3 is a religious head of sub-sect of Islam known as "dawoodi Bohra" sect. The Dawoodi Bohras are Shia Muslims and respondent No. 3 as has large number of followers both in India and abroad. The principal mosque of Dawoodi Boharas community is located on Saifee Jubilee Street and is known as Saifee Masjid. The area where this mosque is situate is densely populated and near about this mosque, there are mosques of Sunni Muslims. The Muslim community observed Moharrum between August 15 and August 24, 1988. There are religious differences between Shias and Sunnis and these differences are reflected in the observance of Moharrum. The two sects of the Muslim communities have divergent views as to who immediately succeeded Prophet Mohammed. Shia believe that Prophet Mohammed nominated his successor during his lifetime and he was Hazrat Ali, the son-in-law of prophet. The Sunnis, on the other hand, believe that on the death of Prophet Mohammed, elections were held and Hazrat Abu Bakar was elected as the successor of the Prophet. Hazrat Abut Bakar subsequently appointed Hazrat Umar and Hazrat Umar appointed Hazrat Usman. On the death of Hazrat Usman, Hazrat Ali was the 4th Caliph. The Shias, who believe that Hazrat Ali succeeded the Prophet, do not accept the authority of the three Caliphs, i. e. (1) Hazrat Abu Bakar, (2) Hazrat Umar, and (3) Hazrat Usman. These differences between the two sects have existed over centuries and has been the cause of religious animesity. These differences have some times led to violent clashes between the members of the two communities in India and particularly in Lucknow and other parts of Northern India.

(3.) AS mentioned hereinabove, the period of mourning was between August 15 and August 24, 1988. On August 19, 1988, which was a Friday and day of prayers for members of both the sects, the members of Sunni sect complained that their religious meetings in five mosques which surround Saifee mosque were disturbed as respondent No. 3 addressed the gatherings of members of Shia sect on loudspeakers and loudspeakers were placed in such a manner that religious meetings of Sunnis in the surrounding mosques will be disturbed. The members of Sunni sect thereupon lodged complaint at Dongri Police Station about the nuisance caused. On August 22, 1988, the members of Sunni sect complainted that respondent No. 3 in the afternoon uttered Laanat while giving discourses from Saifee mosque. Laanat is an expression of extreme displeasure or courses. The respondent No. 3 uttered Laanat on three Caliphas, viz. Hazrat Abu Bakar, Hazrat Umar and Hazarat Usman. The respondent No. 3 also uttered Laanat against Hazrat Aiyasha who was the youngest wife of the Prophet. The Laanat was repeated thrice by the congregation of Shia Muslims gathered in Saifee mosque. The Laanat uttered by respondent No. 3 and by the members of Shia sect was announced on loudspeakers and was heard by people in the locality. The locality where this mosque is situated is principally habitated by Sunni Muslims and the Laanat on the loudspeakers disturbed the prayer meetings of Sunni Muslims. The utterances of Laanat by respondent No. 3 and repetition of the same by members of Shia sect created commotion in the locality and prayers were disturbed. The news of utterances of Laanat spread like wild fire in the Muslim community. The respondent No. 2 lodged N. C. Complaint bearing No. 2121 of 1988 at Dongri Police Station against the utterances by respondent No. 3. On behalf of Sunni Muslim community, a meeting was convened on August 28, 1988 under the Chairmanship of Maulana Zianuddin Bukhari. Several speeches were delivered at the meeting using provocative language against Dawoodi Bohra community and a demand was made that respondent No. 3 should tender apology to Sunni Muslims for utterances of Laanat. The respondent No. 3 was called upon to tender apology before September 1, 1988. The respondent No. 3 did not tender any apology and thereupon members of Sunni sect pasted some pamphlets using objectionable language against respondent No. 3 in the area where the mosques are situate. The press also carried information about the happenings of these events.