KOLKATA: PIL moved to Calcutta High Court seeking to take action against Dr. Nirmal Majhi. He is a member of TMC alleging comparing the Chief Minister of Kolkata Mamta Banarjee with Allah.
Nazia Ilahi Khan filed a PIL plea in High Court alleging that the comparison of ALLAH with Chief Minister Mamta Banarjee of West Bengal is against the religious sentiments of the Islamic Community and that he has committed an offense under Section 295A of IPC.
Further, he compared Dr. Nirmal Majhi with Nupur Sharma and said that much like Former BJP Spokesperson, Nupur Sharma, who had used derogatory speeches against Prophet Muhammad, Dr. Maji was also wrong in comparing CM Banerjee with Allah, however, Dr. Maji didn’t face legal actions, unlike Nupur Sharma.
In view of this, the plea states that this differential treatment given to the people clearly violates the principles of Equality Before Law as given in Article 14 of the Constitution of India as “Equals are treated Unequally”.
Further, it also states that such a comparison of the Chief Minister of West Bengal with the Supreme God of Islam is extremely hurtful to the religious sentiments of the followers of Islam.
The Plea also stresses that the alleged comment made upon ALLAH was definitely an insult to the religion or religious beliefs of the community that professes or practices or propagates Islam. Such comments fulfill all the ingredients of the offense under Section 295A of the Indian Penal Code, 1860 which
“…after making this remark, respondent number 4 was quite disdainful towards the feelings and emotions of the entire Islamic Community as a whole. He did not withdraw such speech/ statement of comparison, nor was he censored by his Political Party for making such a comparison of the Chief Minister of West Bengal with ALLAH. This further shows that respondent number 4 had the intention of committing such Offence under Section 295A of the Indian Penal Code, 1860 otherwise he would have withdrawn such a Statement on an immediate basis if it was said in a heat of passion/spur of the moment. Therefore mens rea and actus reus are both present in such comparison/allegory in order to hurt the Islamic Community but still, respondent number 4 is at large,” the plea further states.
Consequently, the plea prays that legal actions contemplated under CrPC be taken against Dr. Majhi without any discrimination.
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