MOHAMMAD YAKUB Vs. EMPEROR

JUDGEMENT

(1.) The applicants seek to set aside in revision an order of Thakur Hanuman Singh, Magistrate of the 1 Class, dated 12 March 1910. By this order the Magistrate bound over the fifteen applicants under Section 107, Criminal Procedure Code.

(2.) Applicants are Jolahas, resident of Bahadurgunj in the Ghazipore District. The Magistrate describes them in his order as the leading and more influential men" among the jolahas.

(3.) We think it necessary to state the view of the facts we take, because such view may not be quite consistent with some passages in the order of the learned Magistrate. Nevertheless we think our view thereof is correct and that this clearly appears not only from a perusal of the Police reports and evidence, but also from the order of the Magistrate himself, reading the latter as a whole. In the year 1893, the leaders of the Mohammadans and Hindus assembled in Ghazipur and came to an agreement that they would mutually abstain as far as possible from doing anything to hurt each other sreligious feelings. This most proper understanding seems to have worked well for a number of years. In 1908 at theBakr-Id, jolahas of Bahadurgunj began to assert their right to sacrifice cows, probably, as the learned Magistrate says, in retaliation to the blowing of conch" by the Hindus too near their mosque. The joint Magistrate was on the spot and succeeded for the time being in settling the matter. The) principal men of the community signed an undertaking not to kill cows. This undertaking was not complied with and certain persons were bound over to keep the peace. In 1909 a suit was instituted by one Yakub claiming on behalf of the jolahas a declaration of their right to kill cows. It is quite clear that this suit was intended to be a test case and that every step was being taken under professional advice. We think that this was a very proper proceeding and that each party ought to have facilitated a full trial on the merits which would settle, once and for all, the rights of the parties, and whether such rights were being exercised in a legal manner. We say no more as the case is said to be still pending. In the Bakr-ld of the present year, two cows were actually sacrificed quietly and secretly in a mosque and a private house. This was at once reported by the persons concerned to the Police. The sacrifices were carried out so quietly hat the Hindus did not know of them until the report was made. After this the Magistrate took action and bound over the Mohammadans. Two witnesses, a convicted dacoit and a peon, both Musalmans, gave evidence as to a cow's head being carried in public. Prior to the sacrifices, the Mohammadans had given no hint of their intention to carry; them out. There was no rioting. The Hindus became excited but the Magistrate calmed them down and then proceeded to bind over the other side. He, on information, came to the conclusion that the jolahas were determined to sacrifice cows and that if they were allowed to do so, the Hindus would resist and there would, in all probability, be a breach of the peace on future occasions.