Gujrat
High court has observed that Indian Penal Code embodied the basic tenets of
Islam and Hinduism that attack is permissible for self deference only and not
to inflict injury to others. The order also defined Hinduism and the concept of
Jihad in detail.
Upholding
a seven year jail term awarded to two Muslims by a special Pota court in a
firing incident on Surat based lawyer Hasmukh Lawala in 2002, a Bench
comprising Justice Jayant Patel and Justice ZK Saiyed deprecated the act of
violence as being revenge for post-Gdhra violence.
Stressing
that India is wadded to secular policy, the judges observed if citizens of the
country start with mental strategy of division bases on religion, it my result
in damaging the unity of nation and consequently would tinker with the
integrity and security of the nation.
Neither
Hindu nor Muslim religion permits taking of revenge……. no religion professes
that if a person from one religion has committed misdeed, revenge should taken
from all persons following that religion, the bench observed ……
·
The judges also
dwelled on historical aspects and noted, "The Hinduism is based on
principles of 'sahanshilta'. It has been cited so many times that it is on
account of receptivity and adaptability of Hindu culture, it has survived for
more than 5,000 years, though the number of persons following Hindu religion
are less as compared to others in the world - Christians, Muslims and
Buddhists…"
·
The judges cited
Maulana wahiduddin Khan's book "true Jihad to explain Jihad. Islam never
permits use of violence for taking revenge, but power is to be used only as a
protective measure. It is only by way of self defense, attack is permissible.
Such principles are interwoven even in the IPC for invoking the right of self
defense" the order states.
·
The court also
observed, "The country is like a family having members of different ways
of thinking and sometimes different way of praying to the God. Merely because
the ways to get the blessings of God are different, one cannot divide the
family….. "The accused sentenced are Mohammed Tahir Bakaswala and ashraf Nagori. Two others Livver singh Chikhligar and Ishaq Makrani
died as under trials and Salim Variava is absconding in this case.
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