Illegal Ban on Freedom of Speech and Thought – III

via V.SUNDARAM published on March 4, 2010

I have very carefully read and analyzed the never steady, in fact needlessly undulating and meandering, I would even say directionless though not purposeless (if not totally aimless!), tortuously labourious (which does not exclude belaboured!!) judgment of the Bombay High Court in the case filed by Shri R.V Bhasin against the Government of Maharashtra. In this context, I would be failing in my public duty as a proud political Hindu if I do not quote the following brilliant and rapier-like words from the public address delivered to Judges and Magistrates by Mr Dana Porter, Hon’ble Chief Justice of the Province of Ontario, titled “What Once the Fleeting Hour Has Brought”:

“A German General once classified his officers thus: ‘I divide my officers into four classes: the clever, the stupid, the industrious and the lazy. Every officer possesses at least two of these qualities. Those who are clever and industrious are fitted for high staff appointments; use can be made of those who are stupid and lazy. But the man who is clever and lazy is fitted for the highest command; he has the temperament and the requisite nerve to deal with all situations. Whoever is stupid and industrious, however, is a danger and must be removed immediately’. If “lazy” implies a “propensity to reflect”, there may be sense in these classifications. In practice, your opportunity for laziness of any kind may be very little. A Judge has a greater opportunity. Whether he uses it to any advantage is always a matter of opinion, but a JUDGE WHO IS BOTH STUPID AND INDUSTRIOUS IS WITHOUT QUESTION AN UNQUALIFIED DISASTER”.

In the Indian context, the greatest national tragedy is that many of the Judges are not only stupid and industrious but also singularly unscrupulous. Many of the people who have made it to the top have done so on the basis of this ‘pragmatic’ working philosophy: “You have to be singularly unscrupulous in order to be magnificently successful all the way without any road blocks of any kind.” Otherwise, we would not have had a judge of such outstanding qualities of head and heart and with an enviable record of such unimpeachable integrity as Hon’ble Justice Dinakaran who is waiting to get elevated as a Judge of the Supreme Court of India!!!
Having made these general observations on the Indian Judiciary as a whole, let me give some excerpts from the learned judgment of the Bombay High Court relating to Shri R.V Bhasin vs the Government of Maharashtra:

81. We have no doubt that the author must be allowed to criticize Islam. Pure and simple criticism without any intention to hurt religious feelings of a particular community must be allowed. But, here the criticism is not academic. The author has gone on to pass insulting comments on Muslims with particular reference to Indian Muslims. That is most objectionable. We shall now turn to those comments.  

83. “But, we feel that the author cannot comment on all Muslims, and the Indian Muslims in particular and paint them as villains. The author has said that the Muslims in fact considered even conspiring against the soil of India, forgetting the role played by several Muslim leaders in the freedom struggle of India as followers of Mahatma Gandhi. It cannot be denied that misguided Muslim youth have indulged in acts of terrorism. But misguided youth are there in other religions and there are instances where they have indulged in acts of violence. Because of such instances the entire Muslim community cannot be branded as terrorists. The author could not have painted the entire Muslim community with the same brush. The author has insulted a large section of Indian Muslims who are part of the mainstream of the nation’s life and who are contributing to India’s development in all fields”.

As a former Civil Servant belonging to the Indian Administrative Service (IAS), I would like to raise certain questions. Why are the religious feelings and sentiments of only the “minority” Muslims treated as ‘sacred’ and inviolable by our Courts of Law? ARE NOT THE RELIGIOUS FEELINGS AND SENTIMENTS OF THE MAJORITY HINDUS OF INDIA AS SACRED AND INVIOLABLE AS THOSE OF THE MUSLIMS OF INDIA? Why should the Courts of Law bend all the Laws and the Law of the Constitution to smoothly and adroitly accommodate only the ever-shifting, volatile religious feelings and sentiments of only the Muslims of India? How can any religion be criticized without hurting the feelings of the people belonging to that religion? Any stupid endeavour to do so has to viewed only as an aimless exercise in chaste and pure prostitution! These questions will be raised by every self-respecting and enlightened Hindu who reads the heavily one-sided and loaded judgment of the Bombay High Court. The following quotation from Swami Vivekananda may be totally irrelevant to our soulless secular anti-Hindu Courts of Law. But it constitutes the life breath of every true, earnest practicing Hindu in India:” True religious feelings, emotions and sentiments are indeed the gastric juices of the soul”. All our Courts of Law seem to be aware of only the gastric juices of the stomach!

I am presenting below a few more excerpts from the judgment of Bombay High Court for the purpose of my legal analysis.

The author further writes: “The worlds political and religious leaders must immediately look into the real cause of terrorism that clearly finds its roots in the Islamic philosophy contained in the holy Quran. It is this question which is posed to the whole world that must unite to finally create a war out of it that must include if necessary, facing a war, that may be thrust by the believers upon non-believers.”

86. “With such exhortations can we say that the book will not promote enmity between two religions or that it is not intended to outrage the religious feelings of Muslims or that it is not likely to create disharmony or feelings of enmity, hatred or ill-will between Hindus and Muslims?”  

Let me offer my comments on the above excerpts. The enmity between Muslims and Hindus has existed for centuries since the first Muslim invasion of Bharat. This enmity led to the Partition of India on religious grounds on August 15, 1947 and caused the Hindu Genocide. This large scale slaughter of Hindu men, women and children large-scale rape of Hindu women, kidnap of girls for slavery has led to and resulted in Shri Bhasin writing this well-researched book. BHASIN’S BOOK IS THE RESULT OF ESTABLISHED MUSLIM HATRED FOR THE HINDUS AND NOR THE CAUSE OF IT.

Let me deal with a few more excerpts from the Bombay High Court Judgment

88.” It is true that whether the objectionable matter is meant for limited circulation, whether it is to cater to an ignorant, illiterate inflammable mob or educated people would be a relevant consideration and the effect of the words must be judged from the standards of reasonable strong minded firm and courageous men and not those who scent danger in every hostile point of view. It is therefore, necessary to consider who will read the book.”

89. “The translation of the book is available. The possibility of its falling in the hands of an inflammable mob cannot be ruled out. The way this sensitive topic is handled by the author, it is likely to arouse the emotions or sensibilities of even strong minded people. We have held that criticism of Islam is permissible like criticism of any other religion and the book cannot be banned on that ground. But we have also held that the criticism of Islam is not academic. The author has gone on to pass insulting comments on Islam, Muslim community with particular reference to Indian Muslims. It is an aggravated form of criticism made with a malicious and deliberate intention to outrage the religious feelings of Muslims. The contents are so interwoven that it is not possible to excise certain portions and permit circulation of the book. We may also mention that at one point of time, when this was discussed, the author declined to excise the book.”

Taking note of the above two paragraphs from the judgment of the Bombay High Court, I would like to say that the learned judges have failed to define or clarify the following issues:
1. What is an “insulting language”?
2. What is a “hurting language”?
3. Have the Government of Maharashtra in their Notification given quotations from R.V Bhasin’s book to fortify their conclusions that his book has to be banned in the larger interests of communal harmony?
4. What is an “aggravated form of criticism made with a malicious and deliberate intention to outrage the religious feelings of Muslims”?

There is a vague sentence to this effect above in the Judgment: “But we have also held that the criticism of Islam is not academic.” What is the MEANING of this sentence? Are the Judges inferring that Shri Bhasin is not academic? Even a cursory perusal of his book will show that he is a painstaking and thorough going scholar. All his findings are based on the verses of the Quran. When Muslims quote the verses from the Quran it is viewed as academic, spiritual and religious by the Bombay High Court. But when Hindus like Bhasin quote from the same Quran, they are viewed with suspicion and disbelief by the Bombay High Court. Our Courts of Law seem to be functioning like the Sharia Courts in Saudi Arabia where a non-Muslim giving evidence against a Muslim would be viewed with suspicion and disbelief.

Neither the Government of Maharashtra (for their own minority vote-bank and other political reasons) nor the 3 learned judges of the Bombay High Court have applied their mind to find out the real purport and spirit of Shri R.V Bhasin’s book on Islam. The whole world knows that the Holy Quran talks about a “Brotherhood of Islam”. The Government of Maharashtra and the Bombay High Court seem to be living in an imaginary, placid and warped world of anti-Hindu secularism, imagining that this Quranic Brotherhood of Islam embraces all mankind, not only the Muslims, but all the non-Muslims of the world. The only statesman in India who truly understood this concept was Dr B.R Ambedkar, one of the founders and makers of the Indian Constitution. I would like to invite the attention of Bombay High Court to this observation of Dr Ambedkar: “The brotherhood of Islam is not the universal brotherhood of man. It is the brotherhood of Muslims for Muslims only.”

This cardinal fact has been eloquently and graphically brought out by Shri R.V Bhasin fully backed by authentic and irrefutable documentary evidence. This approach of Shri R.V Bhasin was first politicised in an illegal manner by the Government of Maharashtra through its time-barred ban Notification in 2007. Three years later in January 2010 Shri Bhasin’s approach was belittled, trivialized by the Bombay High Court completely missing the larger wood for the false trees planted by the communal Islamic “Interveners”. The process of both administrative and judicial murder reached its fitting finale when the time-barred illegal action of the Bombay Government under Section 468 of CrPC in 2007 was fully sanitised and legalized by the Bombay High Court on January 6, 2010.

Let me deal with one more very interesting paragraph from the Bombay High Court judgment.

“But, we feel that the author cannot comment on all Muslims, and the Indian Muslims in particular and paint them as villains. The author has said that the Muslims in fact considered even conspiring against the soil of India, forgetting the role played by several Muslim leaders in the freedom struggle of India as followers of Mahatma Gandhi. It cannot be denied that misguided Muslim youth have indulged in acts of terrorism. But misguided youth are there in other religions and there are instances where they have indulged in acts of violence. Because of such instances the entire Muslim community cannot be branded as terrorists. The author could not have painted the entire Muslim community with the same brush. The author has insulted a large section of Indian Muslims who are part of the mainstream of the nation’s life and who are contributing to India’s development in all fields”

We can clearly see from the above paragraph that the Bombay High Court does not want to recall even marginally the horrors of religious Partition of India and the Hindu Genocide that followed both in West Pakistan and East Pakistan. Like the anti-Hindu “secular” Government of India, they may not like to know the patent fact that the Hindu Genocide that was set in motion in West Pakistan and East Pakistan areas in 1947 by Mohamed Ali Jinnah is still continuing unabated even today in Pakistan (Original West Pakistan) and Bangladesh (original East Pakistan). This can very easily be proved by furnishing some data. Hindus in West Pakistan constituted 12% of the total population in that region on 16 August, 1947. Today the Hindus account for less than 0.1% of the total population in PAKISTAN. So much for Islamic compassion and Islamic Brotherhood in Pakistan. (West Pakistan immediately after Partition). The Hindus (the wretched Kafirs) according to the Holy Quaran are not part of this Brotherhood!

Likewise, the Hindus accounted for 30.8% of the total population in East Pakistan on 16 August 1947. Today they account for less than 9% of the total population in BANGLA DESH (East Pakistan immediately after partition). So much for Islamic compassion and Islamic Brotherhood in Bangladesh. Here also the Hindus (the wretched Kafirs) according to the Holy Quran are not part of this Brotherhood! I am presenting below a photograph to prove that organized Genocide of Hindus is taking place in Bangladesh even today on a day-to-day basis with the full knowledge and tacit approval of not only the Government of the Islamic Republic of Bangladesh but also the evangelical and pan-Islamic anti-Hindu “secular” Government of India. THREE CHEERS FOR FRADULENT INDIAN SECULARISM!!!

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