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Claimed harmony vis a vis way to “Gazwa-ae-Hind”: Mathura incident against law of land

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ujjwaltiwari
Final Year Law Student of "Symbiosis Law School "

Recently an incident took place in Mathura wherein few Islamic followers offered “Namaaz” inside the temple premises without the permission of priest therein. They claimed it to be the act of harmony and peace but the act is very serious and has direct impact on the integrity of India. When it comes to legality of the issue there is serious offence that should be made out in this particular case against the accused. Minute study of Section 295A of Indian Penal Code clearly states that any act with the insult or attempt to insult the religion or religious beliefs of any class of citizens of India done deliberately is an offence under this section. Now if we look into the incident as well as the FIR details show that accused have fraudulently entered into the temple and then after that offered “namaz”.

Thereafter they shared the pictures of the same over social media. This shows there malafide intent as sharing such pictures would result into disharmony in the society.

The act should be looked upon in broader perspective and with respect to “Gazwa E Hind” i.e. the movement against the idol worshipping and focuses on establishing Islam all over the world. One could easily relate the act and the idea of “Gazwa E Hind”. The act has to be looked upon and investigated seriously to make sure that Islamic extremists shouldn’t achieve what they exactly want. India is a secular state so there should not be any space for “Gazwa E Hind”. The acts of the accused in this incident were deliberate act to defile the place of worship so offence under Section 295 of Indian Penal Code.

In 2013 hon’ble apex courted headed by bench of Justices Dipak Misra, A M Khanwilkar and M M Shantanagoudar clearly stated that “it is clear as crystal that Section 295A does not stipulate everything to be penalized and any and every act would tantamount to insult or attempt to insult the religion or the religious beliefs of class of citizens. It penalizes only those acts of insults or those varieties of attempts to insult the religion or religious belief of a class of citizens which are perpetrated with the deliberate and malicious intention of outraging the religious feelings of that class of citizens”. The incident that took place in Mathura satisfies the ingredients offence and hence the strict action should be taken against the accused.   

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ujjwaltiwari
Final Year Law Student of "Symbiosis Law School "

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