FAZAL NAWAZ JUNG Vs. STATE OF HYDERABAD

JUDGEMENT

(1.) THESE are two petitions in revision on behalf of two accused Pazl Nawaz Jung and Abdul Hamid Khan against the order of the Special Judge refusing bail. The petitioners also invoke the aid of Sections 498 and 561-A Criminal P. C. , and Section 24 of the Hyderabad High Court Act. These petitions are disposed of by this single order.

(2.) THE charge against the accused briefly stated is as follows: The Majlis Ittehad-Ul-Muslimeen was started in, 1928 as a sectarian organisation with the object of achieving the supremacy of the Muslims in Hyderabad State. It built up a state-wide branch organisation in districts and Taluqas and in 1937 organised a Volunteer Corps called the Razakars. Syed Kasim Razvi became Its President in December 1946 and continued as President till September 1948. He used the organisation as a means of achieving the objects of himself and the members of the Central Working Committee and the Central Committee of Action. namely the creation of an independent Islamic State with a Muslim majority, in view of the intended transfer of power to the Indians in India. The razakar Organisation was strengthened considerably by a campaign of vigorous recruitment. They were given Military training with firearms and uniforms. They paraded and marched in flagrant violation of law and Regulations - The Razakars became an illegal private body - and started a campaign of speeches vituperative and vitriolic in tone, anti-Hindu in conduct to foment communal hatred and disturb communal tranquillity and decided under a pact entered into with B. S. Venkat, Rao the loader of, the depressed classes, to drive away caste Hindus out of Hyderabad and settle imported Muslims in their place and on their lands. In order to have a Government in sympathy with their objectives and activities, Syad Kasim Razvi and the Working Committee, and Committee of Action succeeded in compelling two successive Prime Ministers of Hyderabad, Sir Miraa Ismail and the Nawab of Chathari, to resign by the use of force and threats of personal violence. Accused 3, 5, 6 and 7 who were top-ranking members of the Majlis and its Working Committee, accused 2, 8 and 9 who were sympathetic with the ideas and objects of the Majlis and B. S. Venkat Rao who had pledged his and his party's support were installed in office as ministers with Mir Lain Ali who was an active sympathiser and supporter of the Majlis as Prime Minister, through the efforts of Kasim Razvi and the Majlis. The formation of the Laik Ali Ministry imbued with the Majlis ideology made the achievement of the objectives of the Majlis easier, by making the Government Officials especially of the Revenue and Police Departments fall in line with, the District and Taluq Organisations of the Majlis. Finance, arms, transport, petrol, cloth and food rations, were liberally supplied to the Razakars who were engaged in, organising a State-wide campaign of terrorism, class hatred, commission of atrocities on Hindus. Bands of Razakarts also in the guise of Civic Guards committed atrocities such as killing, looting and arson. These were the direct result of the instructions and decisions of the Majlis and the assistance passive and active rendered by the officials especially of Revenue and Police Departments, and the inspiration, connivance and condonation by Laik Ali and the other Muslim Ministers, B. S. Venkat Rao and Deen Yar Jung, Director-General of Police. All the accused along with other persons became parties to a criminal conspiracy with the common object of driving caste Hindus out of the State by creating conditions of alarm and panic, by killing, looting1 and other acts of violence. In pursuance of this criminal conspiracy and as a direct result thereof several hundred murders, thousands of dacoities, and thousands of cases of arson with loss of property valued at about a crore of rupees, and other offences were perpetrated in the Hyderabad, State by Razakars, Deendars, and depressed classes. All these ministers identified themselves with Kasim Razvi and the armed band of Razakars and local Majlis. They actively and openly encouraged Razakars, They evinced interest in their working.

(3.) APPLICANT Fazl Nawaz Jung is accused No. 9 and was the Revenue Minister, and applicant Abdul Hamid Khan, accused, No. 8 was Police Minister in the Laik Ali Cabinet. B. S. Venkat Rao is now an approver.