ALLH. HC  Rejects Anticipatory Bail – ISSUING FATWA TO Justifying Murder on Religious Grounds

In a recent judgment, the High Court of Judicature at Allahabad, Lucknow Bench, dismissed the anticipatory bail application of Maulana Syed Mohammad Shabibul Husaini. The court cited the applicant’s disturbing statements justifying murder on religious grounds as the reason for rejecting the plea. The judgment highlights the limitations of freedom of religion and the importance of public order in such cases.

Hon’ble Subhash Vidyarthi J., while delivering the judgment, stated, “The aforesaid conduct of the applicant is prejudicial to public order and it certainly is extremely disturbing.”

Referring to the applicant’s statements, the court observed, “The applicant is charged with commission of offences of abetment of murder, promoting enmity on the ground of religion and making assertions prejudicial to national integration.”

The case originated from an FIR lodged against Maulana Syed Mohammad Shabibul Husaini based on a YouTube interview. The applicant had made statements suggesting it is desirable to kill the informant and referred to a fatwa issued against author Salman Rushdie. These remarks were deemed to be spreading hatred in society and promoting enmity.

The court noted that the applicant, claiming to be an Islamic religious scholar, justified his statements based on Islamic jurisprudence but failed to cite specific verses from the Holy Quran. This raised concerns about the legitimacy and implications of his assertions.

The judgment emphasized that freedom of religion, as enshrined in Article 25 of the Constitution of India, is subject to public order, morality, health, and other constitutional provisions. The court clarified that propagating religion in a manner that incites violence and poses a threat to public order is not protected under the right to freedom of religion.

Given the serious nature of the charges, including abetment of murder and promoting enmity on religious grounds, the court exercised its discretion to reject the anticipatory bail application. The judgment underscores the importance of considering the gravity of offenses when deciding on such pleas.

The court’s decision to deny Maulana Syed Mohammad Shabibul Husaini’s anticipatory bail plea sends a strong message regarding the limitations of freedom of religion. The judgment reiterates that religious teachings and expressions should not be used as a justification for promoting violence or inciting hatred, emphasizing the significance of maintaining public order and harmony in society.

Date of Decision: 5th June 2023

Maulana Syed Mohammad Shabibul Husaini vs G.A.