THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.4906 of 2000 Date of Order: 20-08-2010 Between: Syed Shah Ali Akbar Nizamuddin Hussaini ..Petitioner and 1. Mohammed Baquer Hussain Shaz and another ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.4906 of 2000 Oral order: Petition under Section 482 Cr.P.C. is to quash the proceedings in C.C.No.493 of 1996 pending on the file of XVI Metropolitan Magistrate, Hyderabad registered for the offence punishable under Sections 500, 501-B and 504 r/w 34 IPC. The first respondent, who is a journalist and the editor of newspaper “SAJE DECCAN DAILY”, filed a private complaint alleging that the petitioner, who is the Chief Editor of “SIASAT” daily newspaper, published an article in the name of “RAHAMUTUL-UL-ALAMEEN-SALLAMN” containing objectionable and unparliamentary language, insulting the Prophet by naming “KUFR”; that the said article contains offensive and deeply hurting language in particular, the Muslims belonging to Sunni sect are shocked and put to mental agony and torture and also felt insulted by publishing the said article. On filing the above complaint, the Magistrate referred the matter to the police for investigation and the Mirchowk Police registered the same as case in Cr.No.130 of 1996 and after investigation filed a final report dated 31-03- 1997 stating that the article published by the petitioner do not contain any defamatory statement and it contains all praises of Holy Prophet which was published on the eve of birth day celebrations of Prophet and the offence of defamation is not made out; that the complainant and the accused belong to same community and sect, referred the case as ‘false’ and requested the Court to treat accordingly. On filing such report, the complainant filed Crl.M.P.No.1920 of 1998 before the XVI Metropolitan Magistrate, Hyderabad to proceed with the matter under Section 202 Cr.P.C. The learned Magistrate after taking the statement of the complainant, took the case on file for the offence aforementioned, which is now sought to be quashed. Sri P.Gangaiah Naidu, learned senior counsel appearing for the petitioner contends that the petitioner, who is a Scholar in Urdu, published the article, which does not contain any defamatory statement as alleged by the complainant. As the ingredients of Explanation 4 to Section 499 IPC has not been satisfied, the learned Magistrate erred in taking cognizance of the case for the offence alleged and the said complaint is filed to malign the reputation and image of the petitioner in the society and the same is liable to be quashed. On the other hand, learned counsel for the 1st respondent/complainant contends that taking clue from the said article, several articles were published all over the world which will tarnish the image of Prophet, who is considered to be messenger of “Allah” among the Muslim community particularly, Sunni sect. The article published creates a doubt among the general public about the date, month, year, country, community and family at which place the Prophet was born. Further, it attributes the virtues of Prophet both physically and mentally, which are highly objectionable. Hence, the same cannot be quashed at the initial stage without giving an opportunity to the prosecution to prove the allegations made against the petitioner. The Supreme Court in STATE OF HARYANA v. BHAJANLAL[1] enumerated 7 illustrations where the High Court can quash the proceedings in exercise of inherent jurisdiction. Illustrations 5 and 7 enumerated in the above said case are relevant for disposal of the present case, which reads thus: “(5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. “ In view of the same, it is necessary to see whether the publication of the article by the petitioner is objectionable or not. In the complaint it is stated that the accused/petitioner used most objectionable, unparliamentary and vulgar language narrating that “HUZUR SALLALLAHU ALAIHI WA SALLAM’s auspicious birthday, date, month, year, country, tribe, family and place does not bear any importance and due to these things did not create meager honour to him”. The accused sated that the physical attribute of Prophet Mohammed “Sallalahu Alehi Wa Sallam” are not very important, as he narrated physical attribute, beauty and elegance, colour, height, are not very important and also stated that the native country, breed, nation, were complete illiterate and far away from social culture. In Arabian country and in villages, capital Makkah had cultural heritage very meager and he was sent away from the capital Makkah and was sent to a remote village, where he spent the life of a goat hawker “Shephered” far away from education, in village atmosphere.” This is completely cooked up and foisted with a mala fide intention to dishonour the image of Prophet (SAWAS) based on falsehood and imaginary, far away from truth. The accused further narrated the Holy Prophet as “UMMI JAHEL” (complete illiterate, uncultured and uncivilized) and further he upgraded himself by comparing that period and companions of Prophet with him and declared himself civilized, cultured, educated better than those of companions of Prophet and Prophet Mohammed (SAWS). The complainant submits that it is an insult of Holy Prophet and author tried to degrade. That due to the article of accused No.1, the two Islamic Varsities declared him Infidal (Kafir) by the Manzare Islam, Barreli Sharief and Jamia Naeemia, Mohadabad, and has been asked to repent, faith and his marriage (Tajdeed-e-Islam and Nikah) due to this disregard of the 1st accused. The entire article mentioned is highly objectionable and the material published has gone throughout the country and World/University notoriety and condemnation being offensive and deeply hurting the Muslims particularly, Sunnis. Hence, the accused committed an offence by publishing the said article with an intention to insult the Holy Prophet. The entire complaint centers round the article published by the petitioner, which was got translated by this Court. The correctness of the translation has not been disputed by either of the parties, which reads as under: “In the name of Allah, the most beneficent and merciful RAHMATUL LIL-ALAMEEN SALLAM Fourteen century back from today, when illiteracy and ignorance had pervaded the whole world in general and Arab Country in particular, illiteracy and in this dark atmosphere one unique personality was born, namely, Muhammad Bin Abdullah. His character and conduct was such that the illiterate national of Arab could not help remaining uninfluenced. SARKAR-E-DO ALAM HUZOOR AKRAM SALLAL LAHU ALAIHI WS SALLAM (peace be upon him) had won the title of AMEEN from this country. Allah, the creator of the universe Arabic Verse ….(viz. neither could be commit any mistake in point of knowledge nor could he practically speaking commit any mistake) SARKAR-E- DO ALAM HUZOOR AKRAM SALLAL LAHU ALAIHI WA SALLAM was declared Prophet at the age of 40 years who in his future life is identified as MUHAMMAD RASOOL ULLAH SALLAL LAHU ALAIHI WAS SALLAM (peace be upon him). Regarding HUZOOR SALLAL LAHU ALAIHI WAS SALLAM’s birth as to on which day, on which date, which month, and which year, in which country, in which community, in which family, at which place he was born. These affairs (attributions) are not important since he (peace be upon him) could not take an iota of pride from either of them. As against this, every thing becomes glorious, reverent and respectful by getting a touch of his feet. If Mecca has been Moazzama, it is due to HIM (peace be upon him) and if Madina became TAYYABA, it is on account of HIM………. Whether Prophet Muhammad (peace be upon him) was handsome and beautiful? How was his colour, what was his height, are the matters which do not have any significance. It is due to the fact that Quan Sheriff has been sent down with its virtuous and holiest qualities of Prophet Muhammad (Peace be upon him). Notwithstanding the fact that Quran-e-Sheriff about the beauty of Huzoor (peace be upon him) was extremely handsome but there is no mention in the Quran-e-Sheriff about the beauty of Huzoor (peace be upon him). Whereas in the very Quran-e-Sheriff the beauty of the face of Hazrath Youuf Aleh Salam has been depicted or described in pages. When there is a mention of the very personality and character of Prophet Muhammad (peace be upon him), no stone has been left unturned to describe in beautiful words the character of Prophet Muhammad (peace be upon him). In short, Ahmed came and was called Muhammad and as such, we should concentrate our entire attention on the laudable qualities of Prophet Muhammad (peace be upon him) and we should follow the same. It is incumbent on us to make his preachings and his Uswae Hassana a noble pattern as a torch bearer in our life………..He (peace be upon him) was brought up in an atmosphere of a village which was far and far from civilization and learning and even in Quran-e-Sheriff it has been categorically told that Arabic Verse ….Can any one expect good character and conduct from a person who has passed through these circumstances and atmosphere. Let alone the hope of guidance an ignorant person like prophet Muhammad (peace be upon him) who rose as a guide and torch-bearer and which fact is corroborated by history. After referring to the civilization and several laws of the lawmakers, it was written as follows: “…..When a single soul who is illiterate and ignorant says and offers only a single law, and tells a matter of principle the same thing strikes wonder. But think of an illiterate, (peace be upon him) offers a collection of rules or laws of the world. The Prophet Muhammad’s (peace be upon him) teaching and preachings contain both merit of knowledge and literate of such high standard and merit that the like of which could not be made available despite challenge having been made in this regard. The Prophet Muhammad’s (peace be upon him) teachings and preachings contain civilization and culture of such high order and standard that no one can offer its precedent. The Prophet Muhammad’s (peace be upon him) teaching and preachings contain civilization and culture of such high order and standard that no one can offer its precedent. The Prophet Muhammad’s (Peace be upon him) teaching and preachings contain civil rights in a regulated and disciplined form. The penal codes are also such that it is hard to present their precedents. Rules regarding Negotiable Instruments Act, and possession are available in printed form. As regards loan, (debt) and the principles of married life have been clearly laid down for guidance. There is comprehensive solution regarding distribution of wealth. The Prophet Muhammad’s (peace be upon him) teachings provide comprehensive lessons regarding helping the poor, advices regarding travelers, maintenance of the widows and the disabled persons, advice regarding prohibition of beggary and patronage of the orphans and similar lessons have not been ignored. Principles regarding health and hygiene have been clearly and categorically laid down. Succession, gift, last will deed, the rights of proximity or intercession, he rights of Torts and Ease, form he major elements of the teachings of Prophet Muhammad (peace be upon him). The principle of Justice, Qazaath, of rules of evidence, limitations on bribe occupy an eminent positioning the teachings of Prophet Muhammad (peace be upon him). Hoarding and black marketing have also not been overlooked in the above teachings of Hazrath Prophet Muhammad (peace be upon him). Weights and measures, the element of balance in rates are included in the preachings of Prophet Muhammad (peace be upon him). Rules regarding war, message of peace, also constitute the credible and important chapters of Prophet Mohammad’s (peace be upon him) teachings. In short Prophet Muhammad’s (peace be upon him) teaching include all principles, codes and Laws pertaining to all the walks of life of a man. What is to be done and what is not to be done or in other words the complete ethics is included in the comprehensive laws. All the principles of reforms of a society of such laws is called ISLAM, which is not a single religion but it is a complete code of human life. All these perfect teachings have been received by us from such a person who is himself illiterate and belongs to an illiterate and uncivilized nation. An illiterate person like Prophet Muhammad (peace be upon him) has alone and single-handedly and without the aid or assistance of anyone else given us such a collection of rules and regulations which illuminate every aspect of our life. The teachings handed down to us by Huzoor sallal Lahu alaihi Wa Sallam (peace be upon him) and which undoubtedly illuminate the world of humanity……….In other words, the teachings of Prophet Mohammed (peace be upon him) and the proof positive of the fact that Prophet Muhammad’s importance is itself an evidence of the existence of Allah, the Almighty and it stands for the apostleship of Prophet Muhammad……… It is one of the greatest blessing of Allah, the Almighty which has been showered upon us through Prophet Muhammad (peace be upon him) and we pray to Allah, the Almighty to enable us to derive benefit from it as much as possible.” A reading of the whole article discloses only praising of Prophet Mohammed and his teachings while describing his birth place where he was born, in a country, which is far from civilization, culture etc. and his spending much of his time in grazing. The teachings and preaching of the Prophet Mohammed on all the subjects show whole world of humanity and the knowledge which he acquired on all, and the preachings, which are relevant for all walks of life is in praise to him but not disrespect to him. The article, as a whole, has to be read together to know the intention of the author, but not picking the sentences from here and there. From a reading of the article this court cannot come to a conclusion that article published by the petitioner is objectionable and offensive to disrespect or defame Prophet Mohammed. As rightly contended by the learned senior counsel, that the article does not contain any defamatory statement against the Holy Prophet. In fact, it contains only praising of Prophet, which are not defamatory. The complainant misunderstood the article and without reading the whole article was of the view that the same are offence and to degrade the Prophet, which hurt the feelings of the Muslims particularly Sunni sect. Since the article itself is the basis for initiation of the proceedings and the allegations made in the complaint and the conclusions arrived by the complainant are so absurd and inherently improbable; on the reading of the whole article no prudent person can reach to a just conclusion that it is defamatory. Therefore, the case falls under illustration 5 enumerated in Bhajanlal’s case (1 supra) and the proceedings are liable to be quashed. In view of the same, the proceedings initiated against the petitioner in C.C.No.493 of 1996 by the XVI Metropolitan Magistrate, Hyderabad are hereby quashed. The Criminal Petition is accordingly allowed. _________________ A.GOPAL REDDY, J. 20-08-2010 Murthy [1] (1992) SCC Suppl 1 335 = AI R 1995 SC 601