Professional Documents
Culture Documents
99
The pagan right wing &ade repeated and desperate attack on the left wing of the ar&y of
(sla&! falling furiously on the holy warriors! possessors of salvation! but each ti&e was made to
turn "ack or: smitten .ith the arro.s of -ictory: .as made to descend into Hell: the house of
perdition& they shall "e thro.n to "um therein: and an unhappy d.ellin shall it "e"
144
Then the
trusty a&ongst the nobles! *u&in 'taka and Busta& Turk&an betook the&selves to the rear of
the host of darkened pagans
141
't the &o&ent when the holy warriors were heedlessly flinging away their lives! they heard a
secret voice say! 0e not dismayed: neither "e rie-ed: for: if ye "elie-e: ye shall "e e%alted a"o-e
the un"elie-ers!
14@
and fro& the infallible (nfor&er heard the ,oyful words! Assistance is from
Allah: and a speedy -ictoryE And do thou "ear lad tidin to true "elie-ers"
14A
Then they fought
with such delight that the plaudits of the saints of the oly 'sse&bly reached the& and the
angels fro& near the Throne! fluttered round their heads like &oths
149
To5ers of Hin! Hea!s
'nd victory the beautiful wo&an $ shAhid% whose world-adorn&ent of waving tresses was
e&bellished by Allah .ill aid you .ith a mihty aid!
146
bestowed on us the good fortune that had
been hidden behind a veil! and &ade it a reality" The absurd $"Atil% indus! knowing their position
perilous!dispersed like carded .ool "efore the .ind: and like moths scattered a"road"
146
*any
fell dead on the field of battle1 others! desisting fro& fighting! fled to the desert e)ile and beca&e
the food of crows and kites" *ounds were &ade of the bodies of the slain! pillars of their heads"
147
#a*r *ecomes a GhAzi
'fter this success! GhA!i $Cictor in a oly-war% was written a&ongst the royal titles" #elow the
titles $tuhrA% entered on the #ath-nAma! ( wrote the following quatrainG
8or (sla& s sake! ( wandered in the wilds!
2repared for war with pagans and indus!
Besolved &yself to &eet the &artyr s death!
Thanks be to 'llahH a hA!i ( beca&e"
148
#abur shared a hobby with his ancestor! Ti&ur" #oth of the& were &ighty fond of raising towers
of severed indu heads"
SHER SHAH S,R 7';69%';6; CE:
/pon this! 3her 3h'h turned again towards =alin,ar The B',' of =alin,ar! =(rat 3ing! did
not co&e out to &eet hi&" 3o he ordered the fort to be invested! and threw up &ounds against it!
and in a short ti&e the &ounds rose so high that they overtopped the fort" The &en who were in
the streets and houses were e)posed! and the 'fgh'ns shot the& with their arrows and &uskets
fro& off the &ounds" The cause of this tedious &ode of capturing the fort was this" '&ong the
wo&en of B',' =(rat 3ing was a 2'tar slave-girl! that is a dancing-girl" The king had heard
e)ceeding praise of her! and he considered how to get possession of her! for he feared lest if he
stor&ed the fort! the B',' =(rat 3ing would certainly &ake a jauhar! and would bu& the girl"
:n 8riday! the 9th of Bab( u-l awwal! 96@ '""! when one watch and two hours of the day was
over! 3her 3h'h called for his breakfast! and ate with his ulamA and priests! without who& he
never breakfasted" (n the &idst of breakfast! 3haikh .i+'& said! There is nothing equal to a
religious war against the infidels" (f you be slain you beco&e a &artyr! if you live you beco&e
a hA!i" >hen 3her 3h'h had finished eating his breakfast! he ordered -ary' =h'n to bring
loaded shells! and went up to the top of a &ound! and with his own hand shot off &any arrows!
and said! -ary' =h'n co&es not1 he delays very long" #ut when they were at last brought!
3her 3h'h ca&e down fro& the &ound! and stood where they were placed" >hile the &en were
e&ployed in discharging the&! by the will of 'llah 'l&ighty! one shell full of gunpowder struck on
the gate of the fort and broke! and ca&e and fell where a great nu&ber of other shells were
placed" Those which were loaded all began to e)plode" 3haikh al(l! 3haikh .i+'&! and other
learned &en! and &ost of the others escaped and were not burnt! but they brought out 3her
3h'h partially burnt" ' young princess who was standing by the rockets was burnt to death"
>hen 3her 3h'h was carried into his tent! all his nobles asse&bled in dar"Ar1 and he sent for
(s' =h'n ',ib and *asnad =h'n =alkap/r! the son-in-law of (s' =h'n! and the paternal
uncle of the author! to co&e into his tent! and ordered the& to take the fort while he was yet
alive" >hen (s' =h'n ca&e out and told the chiefs that it was 3her 3h'h s order that they
should attack on every side and capture the fort! &en ca&e and swar&ed out instantly on every
side like ants and locusts1 and by the ti&e of afternoon prayers captured the fort! putting every
one to the sword! and sending all the infidels to hell" 'bout the hour of evening prayers! the
intelligence of the victory reached 3her 3h'h! and &arks of ,oy and pleasure appeared on his
countenance" B',' =(rat 3ing! with seventy &en! re&ained in a house" =utb =h'n the whole
night long watched the house in person lest the B',' should escape" 3her 3h'h said to his sons
that none of his nobles need watch the house! so that the B',' escaped out of the house! and
the labour and trouble of this long watching was lost" The ne)t day at sunrise! however! they took
the B',' alive
149
(t is related in the Ak"ar ShAhI! that when 3her 3h'h rendered up his life to the angel of death
in =alin,ar! Jal'l =h'n! his youngest son! was in the town of Bew'n! in the province of #hata! and
his eldest son 'dil =h'n! the heir-apparent! in the fort of Bunth/r $Bantha&bhor%" The nobles
perceived that 'dil =h'n would be unable to arrive with speed! and as the 3tate required a
head! they despatched a person to su&&on Jal'l =h'n who was nearer" e reached =alin,ar in
five days! and by the assistance of (s' a,,'b and other grandees! was raised to the throne
near the fort of =alin,ar! on the 16th of the &onth Bab( u-1 awwal! 96@ '"" $@6th *ay! 1696
57%" e assu&ed the title of (sl'& 3h'h
'fter his accession! he ordered the B',a of =alin,ar! who had been captured with seventy of his
adherents! to be put to death! and directed that not one of the& should be spared
114
JIHAD AGAINST "IJACANAGARA 7';8; CE:
'lly 'dil 3hah!
111
intent on adding to his do&inions! and repairing the losses sustained by his
father! entered into a close alliance with Ba&ra,1 and on the occasion of the death of a son of that
2rince! he had the boldness! attended only by one hundred horse! to go to #ee,anuggur! to offer
his condolence in person on that &elancholy occasion" Ba&ra, received hi& with the greatest
respect! and the =ing with the kindest persuasions! prevailed upon hi& to lay aside his
&ourning" The wife of Ba&ra,! on this occasion! adopted the =ing as her son1 at the end of three
days! which were spent in an interchange of friendly professions and presents! 'lly 'dil 3hah took
his leave
11@
Islam Tram.les .on Hman Ties
'lly 'dil 3hah resolved to curb his EBa&ra, sF insolence and reduce his power by a league of
the faithful against hi&1 for which purpose he convened an asse&bly of his friends and
confidential advisers" =ishwur =han ?ary and 3hah 'boo Toorab 3hira+y! whose abilities had
often been e)perienced! represented! that the =ing s desire to hu&ble the pride of the Bay of
#ee,anuggur was undoubtedly &eritorious and highly politic! but could never be effected unless
by the union of all the *aho&edan kings of the -eccan! as the revenues of Ba&ra,! collected
fro& si)ty seaports and nu&erous flourishing cities and districts! a&ounted to an i&&ense su&1
which enabled hi& to &aintain a force! against which no single king of the *ussul&ans could
hope to contend with the s&allest prospect of success" 'lly 'dil 3hah co&&anded =ishwur =han
to take &easures to effect the ob,ect of a general league1 and an a&bassador was accordingly
despatched without delay to sound (brahi& =ootb 3hah
11A
! and to open to hi& if prudent! the
designed plan
119
#ic$ering #elie&ers nite against ,n*elie&ers
(brahi& =ootb 3hah! who had been inwardly stung with indignation at the haughty insolence
and the usurpations of Ba&ra,! eagerly acceded to the proposed alliance! and offered to &ediate
a union between 'lly 'dil 3hah and oossein .i+a& 3hah!
116
and even pro&ised to obtain for the
for&er the fort of 3holapoor! which had been the original cause of their disagree&ent" >ith this
view (brahi& =ootb 3hah despatched *oostufa =han 'rdistany! the &ost intelligent noble&an of
his court! to 'lly 'dil 3hah! with orders! if he should find hi& still sincere in his intentions towards
the league! to proceed fro& thence to 'h&udnuggur! and conclude the alliance
116
'fter so&e days it was agreed that oossein .i+a& 3hah should give his daughter 5hand
#eeby in &arriage to 'lly 'dil 3hah! with the fortress of 3holapoor as her dowry1 and that he
should receive the sister of that 2rince! na&ed uddeea 3ooltana! as a consort for his eldest son
*oortu+a1 that a treaty of eternal friendship should be entered on between both states! and that
they should unite sincerely to reduce the power of Ba&ra,1 for which purpose it was resolved to
&arch against hi& at the earliest practicable period" oossein .i+a& 3hah! 'lly 'dil 3hah!
(brahi& =ootb 3hah! and 'lly #ereed 3hah!
117
now began to &ake active preparations for the
ca&paign against Ba&ra,
118
(n the year '"" 97@ $1669 57%! the four princes! at the head of their respective ar&ies! &et on
the plains of #ee,apoor! and on the @4th of Ju&ad-ool-'wul $-ec" @6% of the sa&e year &arched
fro& that neighbourhood" 'fter so&e days they arrived at Talikote! and the ar&ies enca&ped
near the banks of the =rishna1 where! as the country on the north bank belonged to 'lly 'dil 3hah
he entertained his allies with great splendour! and sent strict orders to all the governors of his
do&inions to forward supplies of provisions fro& their districts regularly all to the ca&p"
119
Islam en?oins Treacher+ to5ar!s ,n*elie&ers
The battle took place on Tuesday! @A January! 1666" The Ci,ayanagara ar&y co&&enced
attack in right earnest and the right and left wings of the confederate ar&y were thrown into such
disorder that their co&&anders were al&ost prepared to retreat when the position was saved by
ussain who opposed the ene&y with great valour" The fighting was then continued and the loss
of life on both sides was heavy" #ut it did not last long and its fate was deter&ined by the
desertion of two *uha&&adan co&&anders under Ba&ra,a" 5aesar 8rederick! who visited
Ci,ayanagara in 1667! said that each of these co&&anders had under hi& seventy to eighty
thousand &en and the defeat of Ci,ayanagara was due to their desertion" Ba&ara,a fell into
ene&y s hands and was beheaded on the order of ussain"
1@4
SlaghterE Pln!er an! Pillage
The indoos! according to custo&! when they saw their chief destroyed! fled in the ut&ost
disorder fro& the field! and were pursued by the allies with such success! that the river was dyed
red with their blood" (t is co&puted! by the best authorities! that above one hundred thousand
infidels were slain during the action and in the pursuit" The plunder was so great that every
private &an in the allied ar&y beca&e rich in gold! ,ewels tents! horses! and slaves! the kings
per&itting every person to retain what he acquired! reserving the elephants only for their own
use" ?etters with accounts of this i&portant victory were despatched to their several do&inions!
and to the neighbouring states! while the kings the&selves! shortly after the battle! &arched
onwards into the country of Ba&ra,! as far as 'nagoondy! and the advanced troops penetrated to
#ee,anuggur which they plundered! ra+ed the chief buildings to the ground! and co&&itted every
species of e)cess"
1@1
Destrction of the DAr-ul-harb
The third day saw the beginning of the end" The victorious *ussul&ans had halted on the field
of battle for rest and refresh&ent! but now they had reached the capital! and fro& that ti&e
forward for a space of five &onths Ci,ayanagar knew no rest" The ene&y had co&e to destroy!
and they carried out their ob,ect relentlessly" They slaughtered the people without &ercy1 broke
down the te&ples and palaces! and wreaked such savage vengeance on the abode of the =ings!
that! with the e)ception of a few great stone-built te&ples and walls! nothing now re&ains but a
heap of ruins to &ark the spot where once stately buildings stood" They de&olished the statues!
and even succeeded in breaking the li&bs of the huge .arasi&ha &onolith" .othing see&ed to
escape the&" They broke up the pavilions standing on the huge platfor& fro& which the kings
used to watch festivals! and overthrew all the carved work" They lit huge fires in the &agnificently
decorated buildings for&ing the te&ple of Citthalaswa&i near the river! and s&ashed its e)quisite
stone sculptures" >ith fire and sword! with crowbars and a)es! they carried on day after day their
work of destruction" .ever perhaps in the history of the world has such havoc been wrought! and
wrought so suddenly! on so splendid a city1 tee&ing with a wealthy and industrious population in
the fun plenitude of prosperity one day! and on the ne)t sei+ed! pillaged! and reduced to ruins!
a&id scenes of savage &assacre and horrors beggaring description The loot &ust have been
enor&ous" 5outo states that a&ongst other treasures was found a dia&ond as large as a
hen s egg! which was kept by the 'dil 3hah"
1@@
A)#AR 7';;8%'89; CE:
(&/in was e)cessively arrogant on account of his troops and elephants" e advanced!
fought! and routed the *ughals! whose heads lay in heaps! and whose blood flowed in strea&s"
e thus at first vanquished the *ughal ar&y1 but as the brilliancy of the star of 2rince 'kbar s
fortune was not destined to be di&inished! it chanced that! by the decree of the 'l&ighty! an
arrow struck (&/n in the forehead" e told his elephant driver to take the elephant out of the
field of battle"""
>hen 3h'h =ul( #eg was told of what had occurred! he ca&e up to the elephant! and brought
it into the presence of #aira& =h'n" #aira& =h'n! after prostrating hi&self! and returning
thanks! caused (&/n to descend fro& the elephant! after which he bound his hands! and took
hi& before the young and fortunate 2rince! and said! 's this is our first success! let Iour
ighness s own august hand s&ite this infidel with the sword" The 2rince! accordingly! struck
hi&! and divided his head fro& his unclean body $.ov" 6! '- 1666%"
1@A
The king struck e&u with his sword and he won the title of <ha+i
1@9
'kbar was now infor&ed that ',i =h'n! a hulAm of 3her =h'n 'fgh'n E3her 3h'hF! a brave
and able general! was setting up pretensions to rule in 'lwar and that (&/ s father and wife!
and all his property and wealth! were in that country" 3o the 7&peror sent .'siru-l *ulk E2(r
*uha&&ad 3arw'niF with a select force to attack hi&" ',i =h'n! in dread of the (&perial ar&y!
fled before it arrived" 'lwar and all the territory of *ew't thus ca&e into the (&perial power" The
fugitives proceeded to -ewat(-&',ar(! a strong place! which was (&/ s fa&ily ho&e" *uch
resistance and fighting followed" (&/ s father was taken alive! and brought before .'siru-l
*ulk! who tried to convert hi& to the faith1 but the old &an said! 8or eighty years ( have
worshipped <od in the way of &y own religion1 how can ( now forsake &y faithM 3hall (! through
fear of death! e&brace your religion without understanding itM *aul'na 2(r *uha&&ad treated
his question as unheard! but gave hi& an answer with the tongue of the sword" e then returned
with &uch spoil and fifty elephants to the 7&peror"
1@6
JihAd at Chittor 7';8=%';8@ CE:
The e&peror prayed to the 'l&ighty in the &onth of Ba&+anJ*arch of the sa&e year saying
: 'llah thou should co&e to the help of the ar&y of *usli&s" e further desired that the
ar&y should launch a sudden attack on the fort fro& all sides" The ar&y ca&e up like a huge
pack of pigeons and! entered the fort by slaughtering those soldiers! who were guarding its gate"
They pierced a group of the ene&y by their arrows and killed the&" Then they scaled the wall of
the fort with &uch courage and ,u&ped into it" .aturally the fire of battle bla+ed forth
Thus the e&peror beca&e the owner of the flag of battle! i"e" victorious and the rebels $=afirs%
beca&e the prey of arrows" The bree+e of the grace of 'llah began to blow" The heart of ene&y
began to wreathe in pain" #y the ti&e of prayer the full volu&e of sound was blown and delivered
the final attack on the 3atans" Beali+ing their helpless condition that wretched race began to
slaughter their wo&en and children with their own hands! and set fire to the&! reducing $the&% to
ashes"
-espite all! there was only one victorious ar&y and the vanquished one were thousands" (n
short! &any of the &isguided persons were killed by swords" The nu&ber of the dead was about
thirty thousand"
's a result of this victory! &ost of the persons of the ar&y beca&e rich! and under the
e&peror s govern&ent $or in his kingdo&% they beca&e &en of substance" 7veryone achieved
the desired ob,ect" 7verybody got in his ar&y his cherished a&bition" *en of sport en,oyed the
beautiful ladies" Those who were covetous of hoarding property! benefited the&selves fully"
7very one was very happy over the success and every soul got a fresh lease of life by this
triu&ph"""
(f proper attention is to be paid to understand the e)ceptional qualities and graces of the
character of is *a,esty! then it would beco&e clear that the feelings and &ind inside and outside
are the &irror of -ivine in,unctions because on that day an e)traordinary effect appeared fro& the
li&bs and organs of his body which is beyond co&prehension" His pure heart and no"le mind
.ere turned in.ards and in conse3uence of this purity he made a pilrimae to the tom" of 2ut"-
ul-2uta"i +h.aja Muinuddin /hishti in his drea& and he paid full attention and due reverence to
that paradise like to&b" :n 3unday! @6th of Ba&a+anJ16th *arch! of the aforesaid year he went
for the pilgri&age" e stayed there for ten days and then left for 'gra"
1@6
Fathnama-i-hitor 7(arch ';8@:
3everal fathnamas $letters of victory% issued by 'kbar at various occasions include #athnama-i-
/hitorissued by 'kbar after the conquest of 5hitor" It .as issued from Ajmer! where he stayed for
so&e ti&e en route to 'gra! on Ba&a+an 14! 976J*arch 9!1668" The te)t of the
aforesaid #athnamafollowsG
1@7
2raise be to 'llah who &ade good is pro&ise! helped is servant! honoured is soldiers!
defeated the confederates all alone! and after who& there is nothing"
1@8
'll 2raise and
thanksgiving behoves that great :pener $fattah% of forts and kingdo&s! in whose grasp are the
keys of the conquests of the ,ust and religious Sultans! and with whose patent of favour and
authority are decorated the manshurs of the +hilafat and sovereignty of the victorious
e&perors" The *erciful one $+arim% whose o&nipotence has ensured the victory of the believers
through the pro&iseG to help believers is incu&bent upon us!
1@9
the :&nipotent one who
en,oined the task of destroying the wicked infidels on the dutiful mujahids through the blows of
their thunder-like sci&itars laid downG 8ight the&H 'llah will chastise the& at your hands and
e will lay the& low and give you victory over the&"
1A4
<lorified is e! and igh 7)alted fro&
what they say!
1A1
is sovereignty is not dependent on any friend and helper"
>hereas the 3overeign one! universal be is bounty and e)alted is glory! has! in confor&ity
with ( a& to appoint thee a leader of the &ankind !
1A@
assigned to us govern&ent of
the mumalik of industan which is one of the biggest countries of the world! and the Munshi of
the office $di.an khana% of &unificence and the 3upre&e 3overeign has adorned the radiant
&andate $manshur% of our+hilafat and &onarchy with the 5ar.ana 3urely we established hi&
in the land
1AA
and decorated it with the orna&ent of That is the bounty of 'llah! which e
giveth unto who& e will "
1A9
'll the people who are 'llah s trusts! being in the security of
2eace fro& the hardships and &isfortunes of the age! are busy in discharging the obligations of
obedience and worship of the 'l&ighty under our benevolent 2rotection! we dee& it our duty to
render thanks and e)press gratitude for this great favour" (n accordance with 2roceed whither
you wish! you are victorious! in whatever direction we 2roceed fortune and felicity co&e
forward to greet us and whither we turn the reign of our resolution the success and victory hasten
to our 2resence" (n confor&ity with the happy in,unction This is of the grace of &y ?ord that
e &ay try &e whether ( a& grateful or ungrateful
1A6
- we spend our precious ti&e to the best
of our ability in war $hi!a% and Jihad and with the help of 7ternal 'llah! who is the supporter of
our ever-increasing e&pire! we are busy in sub,ugating the localities! habitations! forts and towns
which are under the possession of the infidels! &ay 'llah forsake and annihilate all of the&! and
thus raising the standard of (sla& everywhere and re&oving the darkness of polytheis& and
violent sins by the use of sword" >e destroy the places of worship of idols in those places and
other parts of (ndia" The praise be to 'llah! who hath guided us to this! and we would not have
found the way had it not been that 'llah had guided us"
1A6
The purport of the discourse is that during these victorious ti&es! after the eli&ination of 'li 0uli
and $his% ungrateful faction we arrived at the 5apital 'gra like the noble! victorious !
1A7
and
with a view to aug&ent the &aterials of our recreation of hunting of elephants we enca&ped in
the confines of 3ivi 3upar and <agrun which are on the border of the country of 5hitor" There it
was brought to our notice that Bana /dai 3ingh! &ay 'llah annihilate hi&! fro& who& it was
e)pected that he would co&e forward to welco&e! pay respects and kiss the royal threshold or
would send his son with 5eshkash! has adopted! due to e)cessive pride and conceit! an obstinate
and arrogant attitude" $e% is collecting provisions in the fort of 5hitor which is his hereditary
place of residence and is distinguished in the forts of (ndia in strength and grandeur! with the
intention of entrenching hi&self there" 3ince the thoughts of war $hi!a% and Jihad do&inated the
enlightened &ind! it $Bana s behaviour% &ade the =ing angry and increased $his% +eal for the
divine religion" -espite the fact that &ost of the royal troops had returned to their Jairs after the
last victory and only a few! who happened to be present at the 5apital! acco&panied the royal
cavalcade on this hunting $e)cursion%! we turned our rein to suppress that infidel" 8earful of the
approach of the i&perial standards he left his uncle! 3ahidas Jai&al and /diban 2atta who are
renowned for their valour a&ong the infidels! &ay 'llah forsake the& and lead the& to the abode
of perdition! and who are considered to be equal to a thousand horse&en in intrepidity and
prowess! with five thousand chosen Ba,puts! one thousand troops fro& his $Bana s% own
contingent and ten thousand other &en to guard the fort" $The Bana% hi&self hastened with his
troops to /daipur and =o&bal&ir which are located in the security of the &ountains and ,ungles"
>hen at the town of Ba&pur! which is one of the well-known towns attached to 5hitor! it beca&e
known that he was entertaining such plans! the royal &ind decided upon sub,ugating the fort $of
5hitor% with the divine help and only then to take other steps that &ay appear feasible" (n this
way we arrived in front of the fort with the intention of besieging it on Thursday! @4 Babi ((J:ct" @9!
1667" ' fort rose in view such as 'lbur+ with all its &a,esty would appear an insignificant rock at
its foot and Tur and indukush would fit as walls in its ra&part" (ts canopy vies with the
5rystalline sphere in its height" (ts circu&ference is about three farsans and the calculators are
unable to count its battle&ents"
Though the siege of the fort looked i&possible! but by the grace of 'l&ighty and with the secret
help of the acco&plished people! any direction that we have taken we have achieved there what
we have wished1 the very sa&e day we inspected the surroundings of the fort carefully! and
entrusted each place to one of the courageous servants $+hans! Sultans and Amirs% of the
e)alted court who were present" The &ountain traversing warriors! who brave the fields of battle
and seek Jihad with all their heart and soul and consider &artyrdo& to be the greatest reward in
this as well as the other world! sought per&ission to take the&selves to the towers and
fortifications and putting their trust in 'llah and relying on the divine help! which is the source of
strength to the i&perial authority! carry out brave assaults and bring the fort under control by
force" 3ince those ignoble people had collected such large quantities of weapons for defending
the fort like &ortars $de%! +arb+an! cannon $top%! &atchlock $tufan%! catapult $manjani3%! jarr-i
sa3il! naphtha $naft% and na.ak that would last for thirty years even if continuously used! and
since they had great confidence in these weapons and in the strength of the fort as well as their
own prowess! we did not let the& $the royal officers% fight with a view to protecting the people of
(sla&! &ay 'llah preserve the& till the day of resurrection! lest so&e of the& &ay get killed in
rashness" $>e% sent for the dragon-like rads $cannon%! &ortars and other pieces of artillery which
were left at the capital" >e also ordered the &anufacture of cannon and &ountain-breaking
&ortars in the ca&p and decided that tunnels be dug and after the arrival of battering ra&
$sarko"% and sa"at $covered passage% an attack be launched" >e appointed so&e troops of the
left wing to sack! kill and $take% captives the people of /daipur! and the troops and &en of Bana
who were there while he hi&self was perched at a distance of ten +os" >e sent another ar&y to
plunder and sack Ba&pur" The troops returned with i&&ense booty after despatching &any of
the worthless infidels to the abode of perdition" 'fter the arrival of the artillery $topkhana%!
co&pletion of the covered passage $sa"at%! e)plosion of the &ines causing conflagration and $the
consequent% blowing up of the towers and battle&ents! we directed the troops to establish
the&selves at the foot of the ra&part and surround the fort fro& every side" The doo&ed ones
$Ba,puts% being fully infor&ed this ti&e of the strength and prowess of the ar&y of (sla& and the
asperity and haughtiness of their ruler they started i&ploring for intercession and respite with
ab,ect sub&ission and so&e of the chiefs ca&e out $with this petition%" .otwithstanding the fact
that they had caused death of &any people of (sla& both nobles and co&&on soldiers! with
&atchlock-fire! continuous showering of stones through themanjani3! they sued $for peace% on
such i&possible ter&s which could not be conceded" They were per&itted to return" .e)t day
we went in person to the sa"at of *uha&&ad 0asi& =had! mir-i "ahr! which was nearest to the
fort and issued orders for Jan-i Sultani to be launched"
The ar&ies of (sla&" placing their reliance in $the revelation% 'llah is sufficient for us and
&ost e)cellent protector !
1A8
fearlessly and boldly co&&enced the assault" >ithin $the fort% the
vigilant bands of ,ew-like infidels set abla+e the fire of conflict and brawl by discharging fire-
raining manjani3sand cannon $top% one after the other" The lions of the forest of intrepidity and
the panthers of the &ountain of bravery! in their e)tre&e courage stretched their coveting hands
to the 3ash of the 5onstellation :rion and with great e)pedition snatched the diade& fro& the
head of #ahra&"
(n confor&ity with the co&&and&ent! 'nd prepare against the& what force you can!
1A9
the
troops e)celled each other and with co&plete unity betook the&selves to the towers and the walls
of the fort that were breached by the artillery fire" 8ro& that &ultitude! groups like the pigs bit by
arrows rushed out of doors and blocked the entry of the co&batants" (n return they $the royal
troops% fought back by throwing arrows and stones and scattered those retreating ones $the
Ba,puts%" They sent a tre&or through the ranks of the ene&y with incessant and frightful
cannonade setting fire to the harvest of their lives"
Three days and nights passed in this &anner" The two sides did not stop fighting even for a
&o&ent" 'll the atte&pts of these fo)-like people at fraud and deception were frustrated by the
lions of the ,ungle of intrepidity" 't last on the night of Tuesday! @6th of 3haban! 976 '"" $@A
8ebruary 1668% in confor&ity with they shall not be able to ward off the fire fro& their faces
nor fro& their backs! nor shall they be helped
194
the continuous rain of fiery balls and
cannonade beca&e so intense in confor&ity with .ay! it shall co&e on the& all of a sudden
and cause the& to be confounded
191
that those conde&ned ones were no longer able to
resist" The call fro& beyond (f ye help 'llah! e will help you and will &ake your foothold
fir&
19@
- was co&ing to the e)alted hearing and every &o&ent the -ivine (nspirer &ade audible
the good tidingsG .ow surely 'llah s help is nigh"
19A
The revengeful warriors and the brave
ones skilled in the use of daggers! deadly set against the ene&y and drenched in the blood!
delivered concerted assault and succeeded in re&oving the wooden planks with which those
accursed ones had blocked the breaches" 3eeing this! Jai&al! one of the three chiefs! who had
taken the lead in the battle and was looking after the fort fro& the beginning to the end advanced
with a body of &en to stop the breach" (n the &eanwhile so&e artillery &en belonging to that
wretched band fired their guns one after the other $and in their flashes% Jai&al! and those
acco&panying hi& could be seen $fro& afar%" 's for the last three days and nights we have been
present there $battery of 0asi& =han% often firing with &uskets and arrows and since it was
destined for Jai&al that he should hasten to the lowest parts of hell at our own 'llah-worshipping
hands! when he ca&e in view the &atchlock $tufan% we were holding! was ready as is said!
>hen 'llah wills any-thing! e provides its &eans" .o sooner he was seen and the gun
discharged then the worthless infidel was struck in forehead and hearing the call! where so
ever you &ay be! death will overtake you! even though you were in lofty towers!
199
proceeded
to the abode of perdition" This caused great consternation a&ong the high and low of that cattle-
like co&&unity" $3ubsequently% the other chiefs continued to resist but they could not repulse the
brave fro& the openings" 't the dawn! the e)cellent archers whose skill is such that they could
pierce the eye of an ant at dark night and the lancers who could pick up the cru&bs of the breach
fro& the ground! putting the elephants in front delivered another assault" $They% forced their entry
into the fort through sheer bravery and prowess and started discharging arrows and fighting with
lances"
The hand of destiny had covered the deceitful eyes of that erroneous! arrogant and scanty host
with the nocturnal blindness of ill-luck 'nd they thought that there would be no affliction and so
they beca&e blind and deaf
196
and had blocked upon the& the way of success and escape in
accordance with They could neither go forward nor turn back"
196
The people of (sla& were
busy prayingG :ur lordH bestow on us endurance! &ake our foothold sure! and give us help
against the disbelieving folk!
197
and the refreshing &essage - elp fro& 'llah and present
Cictory" <ive good tidings to believers
198
- was co&ing to the& fro& heaven" They advanced
in groups against the wicked unbelievers to get hold of the opening" $They% stood in the fore&ost
rank without flinching and got an upper hand" They felled the& $the Ba,puts% one upon the other
with the strokes of $their% blood-thirsty sword! leaving all around heaps of the slain" 2ursuing the
re&nant who were fleeing in different directions 's they were frightened asses! fleeing fro&
the lion
199
- despatched the& to the lowest part of the hell - when the star of success and good
fortune rose fro& the hori+on of the subli&e &essage! Cictory co&es only by the help of 'llah!
the *ighty! the >ise
164
the whole victorious troop entered the fort" (n accordance with the
i&perative 5o&&and 'nd kill the idolators all together!
161
those defiant ones who were still
offering resistance having for&ed the&selves into knots of two to three hundred persons! were
put to death and their wo&en and children taken prisoners" 'ccording to the pro&ise! 'llah
pro&ised you &any acquisitions which you will take!
16@
i&&ense booty and spoils in cash and
kind were acquired" 3o the roots of the people who were un,ust were cut off! and all praise is
due to 'llah! the ?ord of the worlds"
16A
The receptacle of nobility! the support of kingdo&! the pillar of the &ighty state! the prop of the
&agnificent e&pire! the confidant of the resplendent +hilafat! the fore&ost a&ong the
great +hans of the age! the cli&ber of the ladder of authority and dignity! the devoted and sincere
and the well-wishing one! the intrepid cavalier! the adorner of the ranks in the field of valour and
bravery! *ubari+uddin *ir *oha&&ad =han #ahadur! and the receptacle of nobility! the support
of kingdo&! the pillar of the &ighty state! the prop of the &agnificent e&pire! the best a&ong the
sinceres of the age! worthy of confidence and favour! the rider of the field of battle and valour!
0utbuddin *oha&&ad =han #ahadur and the rest of the great +hans and
noble Sultans alongwith the Saiyids! Ulama!Mashaikh! the Gha!is of Shariat and other
dignitaries! residents! inhabitants! /haudhris! 2anoonos! the ri aya and peasants $mu!ari an %
of 3arkar 2un,ab respectively! being ,ubilant at the happy tidings carried by this
auspicious #athnama! which is! in fact! a foretaste of the victories to follow! should offer infinite
thanksgivings" They should also pray in the auspicious &o&ents! when the prayers are &ore
likely to be granted! for the long life of our noble self! the perpetuity of the e&pire and for the
grant of greater co&petence to us for fulfilling obligation of Jihad! divine worship and acts of
piety" 8urther they should continuously be e)pecting that day after day doors of fresh victories
and successes will be opened before us"
>hereas after the &anage&ent of the affairs of 5hitor we have turned the reins of our
deter&ination towards the capital 'gra!
The horse beneath the thigh and overhead canopy of victory! The victory and success
keeping co&pany and divine help guiding the way"
'llah willing within these few day we will reach the seat of the =hilafat" The pillar of the state
knowing that our thoughts are directed towards the &anage&ent of his affairs and the fulfil&ent
of the hopes and aspirations of all the well-wishers &ay send regular reports about the
develop&ent $in his region%" 'ny request that he &ight like to &ake should be co&&unicated $to
the court% so that it &ay be granted" >ritten by the royal order $to be obeyed per&anently% at
',&er on 14th of the &onth of Ba&+an 976 '""! 9 *arch 1668"
169
AH(AD SHAH A#DA4I 7'=;= an! '=8' CE:
JihAd at (athra an! "rin!a&an 7'=;= CE:
#ut the Jat peasantry were deter&ined that it was over their corpses that the ravager should
enter the sacred capital of #ra,a" eight &iles north of *athur'! Jaw'hir 3ingh barred the
invader s path with less than 14!444 &en and offered a desperate resistance $@8th 8ebruary!
1767%" 8ro& sunrise the battle raged for nine hours! and at the end of it ten to twelve thousand
infantry lay dead on the two sides taken together! the wounded were beyond count
166
The indu #ethlehe& now lay utterly prostrate before the invaders" 7arly at dawn on 1st *arch
the 'fgh'n cavalry burst into the unwalled and unsuspecting city of *athur'! and neither by their
&aster s orders nor fro& the severe handling they received in yesterday s fight! were they in a
&ood to show &ercy" 8or four hours there was an indiscri&inate &assacre and rape of the
unresisting indu population - all of the& non-co&batants and &any of the& priests (dols
were broken and kicked about like polo-balls by the (sla&ic heroes" E Husain Shahi! A9"F ouses
were de&olished in search of plunder and then wantonly set on fire" <lutted with the blood of
three thousand &en! 3ard'r Jah'n =han laid a contribution of one lakh on what re&ained of the
population and &arched away fro& the s&oking ruins the sa&e night"
'fter the tiger ca&e the ,ackal" >hen after the &assacre 'h&ad 3h'h s troops &arched
onward fro& *athur'! .a,ib and his ar&y re&ained there for three days! plundered &uch &oney
and buried treasure! and carried off &any beautiful fe&ales as captives" E.ur! 16 ""F The blue
waves of the Ja&un' gave eternal repose to such of her daughters as could flee to her
outstretched ar&s1 so&e other happy wo&en found a nearer escape fro& dishonour by death in
their household wells" #ut for those of their sisters who survived there was no escape fro& a fate
worse than death" ' *usli& eyewitness thus describes the scene in the ruined city a fortnight
later" 7verywhere in the lanes and ba+aars lay the headless trunks of the slain and the whole
city was burning" *any buildings had been knocked down" The water of the Ja&un' flowing
past was of a yellowish color! as if polluted by blood" The &an Ea *usli& ,eweller of the city!
robbed of his all and fasting for several daysF said that for seven days following the general
slaughter the water had turned yellow" At the ede of the stream I sa. a num"er of huts of
-airAis and sannyAsis Ei;e;: Hindu asceticF! in each of .hich lay a se-ered head .ith the head of
a dead co. applied to its mouth and tied to it .ith a rope round its neck"
(ssuing fro& the ruins of *athur'! Jah'n =han roa&ed the country round! and plundering
everywhere as directed" Crind'van! seven &iles north of *athur' could not escape! as its wealth
was indicated by its &any te&ples" ere another general &assacre was practised upon the
inoffensive &onks of the &ost pacific order of Cishnu s worshippers $c" 6th *arch%" 's the
sa&e *uha&&adan diarist records after a visit to Crind'vanG >herever you ga+ed you beheld
heaps of the slain1 you could only pick your way with difficulty! owing to the quantity of bodies
lying about and the a&ount of blood spilt" At one place that .e reached .e sa. a"out t.o
hundred dead children lyin in a heap" .ot one of the dead bodies had a head The stench
and effluviu& in the air were such that it was painful to open your &outh or even to draw
breath"
A*!ali s attac$ on Go$l
*oving a fortnight behind his vanguard! the 'bd'li king hi&self ca&e upon the scene" e had
stor&ed #allabhgarh on Ard *arch and halted there for two days" :n 16th *arch he arrived near
*athur'! and wisely avoiding that reeking hu&an sha&bles crossed over to the eastern bank of
the Ja&una and enca&ped at *ah'van! si) &iles south-east of the city" Two &iles to his west
lay <okul! the seat of the pontiff of the rich Callabh'charya sect" The 'bd'li s policy of
frightfulness had defeated his cupidityG dead &en could not be held to ranso&" The invader s
unsatisfied need of &oney was pressing hi&1 he sought the help of (&'d s local knowledge as
to the &ost pro&ising sources of booty" ' detach&ent fro& his ca&p was sent to plunder <okul"
#ut here the &onks were &artial .'g' sannyAsis of upper (ndia and Ba,put'na" 8our thousand
of these naked ash-s&eared warriors stood outside <okul and fought the 'fgh'ns! till half of their
own nu&ber was killed after slaying an equal force of the ene&y" Then at the entreaty of the
#engal su"ahdAr s envoy $Jugalkishor% and his assurance that a her&itage of fa3irs could not
contain any &oney! the 'bd'li recalled the detach&ent" 'll the -airAis perished but <okulnath
Ethe deity of the cityF was saved ! as a *arathi newsletter puts it" EBa,wade! i" 6A"F
166
-escribing 'fghan atrocities at this ti&e! *unshi 3ad'sukh -ehlaw( wrote! ( have &yself seen
the depredations of the 'fghans round -ehli and *attra" <od defend us fro& the&H (t &akes the
very hair of the body stand on end to think of the&" Two hundred thousand &en were destroyed
in these &assacres! and the hordes of the ene&y were without nu&ber" Such atrocities:
forsooth: .ere perpetrated in compliance .ith their reliion and la.E What cared they for the
reliion: the la.: the honour and reputation of the innocent sufferers< It .as enouh for such
"iots that splendour accrued "y their deeds to the faith of Muhammad and Ali H
167
JihAd at Pani.at 7'=8' CE:
.e)t &orning the sun revealed a horrid spectacle on the vast plain south of 2'nipat" :n the
actual field of the co&bat thirty-one distinct heaps of the slain were counted! the nu&ber of
bodies in each ranging fro& 644 upwards to 1444 and in four up to 1644 a rough total of @8!444"
(n addition to these! the ditch round the *aratha ca&p was full of dead bodies! partly the victi&s
of disease and fa&ine during the long siege and partly wounded &en who had crawled out of the
fighting to die there" >est and south of 2'nipat city! the ,ungle and the road in the line of
*ar'tha retreat were littered with the re&ains of those who had fallen unresisting in the relentless
-urr'ni pursuit or fro& hunger and e)haustion" Their nu&ber - probably three-fourths non-
co&batants and one-fourth soldiers - could not have been far short of the vast total of those slain
in the battlefield" The hundreds who lay down wounded! perished fro& the severity of the
cold"
After the ha-oc of com"at follo.ed massacre in cold "lood " 3everal hundreds of *ar'thas had
hidden the&selves in the hostile city of 2'nipat through folly or helplessness1 and these were
hunted out ne)t day and put to the sword" 'ccording to one plausible account! the sons of 'bdus
3a&ad =han and *ian 0utb received the -urr'ni king s per&ission to avenge their father s
death by an indiscri&inate &assacre of the *ar'thas for one day! and in this way nearly nine
thousand &en perished E0hau 0akhar! 1@A"F1 these were evidently non-co&batants" The
eyewitness =ashira, 2andit thus describes the sceneG $-ery )urrAni soldier "rouht a.ay a
hundred or t.o of prisoners and sle. them in the outskirts of their camp: cryin out: When I
started from our country: my mother: father: sister and .ife told me to slay so may kAfirs for their
sake after .e had ained the -ictory in this holy .ar: so that the reliious merit of this act Eof
infidel slayinF miht accrue to them" (n this way! thousands of soldiers and other persons were
&assacred" (n the 3hah s ca&p! e)cept the quarters of hi&self and his nobles! every tent had a
heap of severed heads before it" :ne &ay say that it was verily doo&sday for the *ar'tha
people"
S.oils of the "ictors
The booty captured within the entrench&ent was beyond calculation and the regi&ents of
=hans Ei"e" 8444 troopers of 'bd'li clans&enF did not! as far as possible! allow other troops like
the (r'nis and the Tur'nis to share in the plunder1 they took possession of everything
the&selves! but sold to the (ndian soldiers handso&e #rah&an wo&en for one tuman and good
horses for two tumans each" E.ur! 64 ""F The -eccani prisoners! &ale and fe&ale reduced to
slavery by the victorious ar&y nu&bered @@!444! &any of the& being the sons and other relatives
of the sard'rs or &iddle class &en" '&ong the& rose-li&bed slave girls are &entioned
#esides these @@!444 unhappy captives! so&e four hundred officers and 6444 &en fled for
refuge to 3hu,'-ud-daulah s ca&p! and were sent back to the -eccan with &onetary help by
that nawab! at the request of his indu officers" The total loss of the *ar'thas after the battle is
put at 64!444 horses! captured either by the 'fgh'n ar&y or the villagers along the route of flight!
two hundred thousand draught cattle! so&e thousands of ca&els! five hundred elephants!
besides cash and ,ewellery" 7very trooper of the 3hah brought away ten! and so&eti&es
twenty ca&els laden with &oney" The captured horses were beyond count but none of the& was
of value1 they ca&e like droves of sheep in their thousands"
168
The )e+ is hel! *+ the 2ran
The mujAhids who &ounted the various jihAds in (ndia lived in different centuries - fro& the first
quarter of the 8th to the second half of the 16th $57%"
They belonged to different races and ca&e fro& different countries - 'rabia! Turkistan! (ran!
'fghanistan! (ndia $in case of indu converts to (sla&%"
They spoke different languages - 'rabic! Turkish! 2ersian! 2ushto"
Iet! they used the sa&e self-righteous language for the indus! and enacted si&ilar sanguinary
scenes"
'gain! the *usli& historians! who described these jihAds with abundant ad&iration! also
functioned at different ti&es and places" They wrote in two different languages - the earlier ones
in 'rabic and the later ones in 2ersian" #abur wrote in Turkish"
Iet! their accounts follow the sa&e pattern" The accounts read as if the historians have only filled
the blanks in a prescribed profor&a" :r! to change the &etaphor! the different stories read like
varied scripts of the sa&e dra&a staged by different directors" :nly the dramatis
personae change fro& perfor&ance to perfor&ance"
ow do we account for this repetition of the repertoireM
The key is held by the 0uran" That is the only thing which all &u,'hids and their historians! have
shared in co&&on"
The sa&e logic leads to another and a very o&inous conclusion" JihAd cannot be regarded as
soðing which happened only in the past" :n the contrary! it is an ever-present possibility in
(ndia" The 0uran will create a jihAd whenever and wherever the infidels provide an
opportunity" 2ious *usli&s in every place and at all ti&es! are taught to see! or seek! or provoke
situations in which solutions prescribed by the 0uran can be practised"
Footnotes:
1
The Mus"im 2ar6cr< of AllAhu6a'5ar.
2
E""iot and o2son4 History of India as told .y its o1n Historians4 7o"ume !4 p.
114. Trans"ation is that of the *ha"hnaa 5< an un'no2n Mus"im author.
,
!5id.4 pp. 17267,.
4
!5id.4 p. 171.
/
!5id.4 p. 17#.
1
Mus"im con;uerors spared the common peop"e from death or ens"avement on"<
to turn them into he2ers of 2ood and dra2ers of 2ater for the ne2 master c"ass
and 'eep the econom< going.
7
!5id.4 p. 131.
3
!5id.4 p. 132.
#
Those 2ho 5ecame Mus"ims.
1$
!5id.4 p. 1#$.
11
!5id.4 p. 2$/.
12
!5id.4 7o"ume !!4 p. 22. Trans"ation is that of TArI2h/i/3aIni of a"6=t5i.
1,
!5id.4 pp. 2462/.
14
!5id.4 p. 27.
1/
!5id.4 p. ,,.
11
!5id.4 p. ,/.
17
-ara<anpur in A"2ar district of +a@asthan.
13
!5id.4 p. ,1.
1#
%apita" of the )indu Shahis after the< "ost =d5handapur near Pesha2ar.
2$
!5id.4 p. ,7.
21
!5id.4 P. ,#.
22
!5id.4 pp. 4$641.
2,
?hur *ing %handrapa" of Asni near Aatehpur in =ttar Pradesh.
24
!5id.4 p. 47.
2/
To2n near Saharanpur in =ttar Pradesh.
21
!5id.4 pp. 4#6/$.
27
!5id.4 p. 2$#.
23
!5id.4 p. 212. Emphases in the origina" trans"ation.
2#
Sadr *i2am6" mu"' +uhu6d din )amCa.
,$
!5id.4 p. 21,. Emphases in the origina" trans"ation.
,1
!5id.4 p. 21/.
,2
!5id.4 pp. 211617.
,,
!5id.4 p. 21#.
,4
!5id.4 p. 222.
,/
!5id.4 p. 22,.
,1
!5id.4 p. 2,$. .hat )asan -iCami does not te"" at this point is that the arm< of
!s"am had to 5eat a hast< retreat from Gu@arat in the face of a fierce )indu
counter6offensive.
,7
!5id.4 p. 2,1.
,3
)indus had recon;uered e"hi after their first defeat.
,#
!5id.4 pp. 2,36,#.
4$
*ham5at or %am5a< in Gu@arat.
41
!5id.4 7o"ume !!!4 pp. 4264,. Trans"ation of TArI2h/i/(assAf of A5du""ah
.assaf.
42
!5id.4 p. 4,.
4,
!5id.4 p. 44.
44
evagiri in Maharashtra4 renamed au"ata5ad 5< Muhammad 5in Tugh"a;.
4/
!5id.4 p. 3/. Trans"ation of TArI2h/i/ AlAi of Amir *husru4 poet and sufi
discip"e of -iCamuddin A2"i<a4 the far6famed %hishti<<a sufi of e"hi.
41
2arasamudra in *arnata'a4 %apita" of the )o<sa"a *ingdom at that time.
47
!5id.4 pp. 3363#.
43
(uran4 11.#.
4#
!5id.4 ,#46#/. Trans"ation of Malf!4A/i/Ti!ri of Timur.
/$
!5id.4 pp. ,#16#7.
/1
!5id.4 p. ,#7. -!rat/ul/5Atihat4 the opening chapter of the (uran.
/2
A 2e""6'no2n sufi.
/,
!5id.4 p. ,#3.
/4
A to2n in -orth6.est Arontier Province.
//
!5id.4 pp. 4$,6$/.
/1
-o one from among the devotees of ?a5a Aarid4 the famous %hrishti<<a sufi4 is
'no2n to have disapproved of the crimes committed 5< Timur.
/7
Modern )anumangarh in the Ganganagar district of +a@asthan.
/3
!5id.4 pp. 421622.
/#
!5id.4 p. 427.
1$
The ancient name of Sirsa4 no2 head;uarters of a district in )ar<ana.
11
!5id.4 pp. 427623.
12
A to2n in Jind district of )ar<ana.
1,
The saiyids had no s<mpath< 2ith the Jats 2ho 2ere their neigh5oursB instead4
the< 2ere de"ighted to 2itness their s"aughter.
14
!5id.4 P. 42#.
1/
A to2n opposite e"hi across the Jamuna.
11
!5id.4 pp. 4,26,,.
17
AiroC Shah Tugh"a; s pa"ace on the +idge4 no2 ?ara )indu +ao )ospita".
13
rum65eaters.
1#
This spea's vo"umes a5out Mau"anas produced 5< !s"am.
7$
!5id.4 pp. 4,/6,1.
71
The 2ord )indu in this citation has 5een "eft out in Mohammad )a5i5 and
*.A. -iCami 8ed.94 A *oprehensi6e History of India4 7o"ume 7. The -ultanat4
pu5"ished 5< the Peop"e s Pu5"ishing )ouse4 -e2 e"hi4 1#7$4 p. 122. 0ur
secu"ar historians are ver< honest indeed. )a5i5 heads the "ist.
72
!5id.4 pp. 44/641.
7,
!5id.4 p. 443.
74
!5id.4 pp. 4/16/4.
7/
A to2n on the east 5an' of the Jamuna.
71
!5id.4 pp. 4/76/3.
77
!5id.4 p. 4/#.
73
!5id.4 pp. 4/#61$.
7#
+egion round ehradun and neigh5ouring districts of )imacha" Pradesh.
3$
!5id.4 p. 411.
31
A term used for Eoroastrians of !ran to start 2ith4 it 5ecame a term of contempt
for )indu 2arriors4 meaning vaga5onds.
32
!5id.4 pp. 41261,.
3,
!5id.4 pp. 41,614.
34
Ancient name of *angra4 no2 a district head;uarters in )imacha" Pradesh.
3/
!5id.4 pp. 41/611.
31
!n his 7lipses of (orld History4 Pandit Ja2ahar"a" -ehru has sho2n great
fondness for ?a5ur4 inc"uding the "etter s ho55< of ma'ing to2ers of severed
)indu heads.
37
)a.ur/0aa4 trans"ated into Eng"ish 5< A.S. ?everidge4 -e2 e"hi reprint4
1#7#4 pp. ,7$671.
33
!5id.4 p. /47.
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TArI2h/i/-her -hAhI of A55as *han Sher2ani in E""iot and o2son4 7o"ume
!74 pp. 4$76$#.
11$
TArI2h/i/#A!dI of A5du""ah in E""iot and o2son4 7o"ume !74 pp. 47367#.
111
Su"tan of the Adi" ShAhi d<nast< of ?i@apur.
112
TArI2h/i/5arishtah4 trans"ated into Eng"ish 5< John ?riggs as History of the
%ise of the Mahoedan ,o1er in India4 -e2 e"hi reprint4 1#314 7o"ume !!!4 p.
71.
11,
Su"tan of the (ut5 ShAh! d<nast< of Go"'unda.
114
!5id.4 pp. 7467/.
11/
Su"tan of the -iCAm ShAhi d<nast< of Ahmadnagar.
111
!5id.4 p. 7/.
117
Su"tan of the ?ar!d ShAhi d<nast< of ?idar.
113
!5id.4 p. 71.
11#
!5id.4 pp. 71677.
12$
+.%. Ma@umdar 8ed.94 The History and *ulture of the Indian ,eople4 7o"ume
7!!4 The Mugha" Empire4 ?om5a<4 1#7,4 p. 42/.
121
TArI2h/i/5arishtah4 op. cit.4 p. 7#.
122
+o5ert Se2e""4 A 5or&otten Epire4 -e2 e"hi reprint4 1#124 pp. 1##62$$.
12,
TArI2h/i -alAtin/i Afa&hAna of Ahmad >adgar4 trans"ated in E""iot and o2son4
7o"ume 74 pp. 1/611.
124
TArI2h/i/A2.ari of Muhammad Arif (andhari4 trans"ated into Eng"ish 5<
Tanseem Ahmad4 e"hi4 1##,4 p. 74.
12/
A2.ar/0Aa of A5u" AaC"4 trans"ated in E""iot and o2son4 7o"ume 7!4 p. 21.
121
TArI2h/i/A2.ari4 op. cit.4 pp.14#6/1. Emphasis added.
127
,ro"eedin&s of Indian History *on&ress4 -e2 e"hi4 1#724 trans"ated and
annotated 5< !shtia; Ahmed Ei""i4 pp. ,/$611.
123
0pening fines of the Prophet s speech after the %on;uest of Mecca.
12#
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7o"ume ! and !! ?ound in 0ne4 -e2 e"hi reprint4 1##,4 pp. 441641 and 41463$.
!t is significant that this despica5"e "ic'spitt"e of A'5ar does not even mention
the 5athnaa cited a5ove. ?ut his use of 2ords "i'e mart<rs 4 ho"<
2arriors 4 and &hA4is for the !s"amic gangsters and e:treme"< a5usive
"anguage for the +a@put 2arriors4 "eaves no dou5t that he a"so vie2ed the sac' of
%hittor as a 8ihAd.
1//
Jadunath Sar'ar4 5all of the Mu&hal Epire4 7o"ume !!4 Aourth Edition4 -e2
e"hi4 1##14 p.1#.
1/1
!5id.4 pp. 7$671. Emphasis added.
1/7
Munta2hA./ut/Ta1ArI2h4 trans"ated in E""iot and o2son4 7o"ume 7!!!4 pp.
4$/6$1. Emphasis added.
1/3
5all of the Mu&hal Epire4 op. cit.4 7o"ume !!4 pp. 21$611. Emphasis added.
CHAPTER =
DOCTRINE OF THE IS4A(IC STATE
The doctrine of jihAd! which is the whole of the 0uran! deals pri&arily with the perfor&ance of the
&ilitari+ed *usli& /&&ah till the ti&e an infidel land is conquered and *usli& hold is
consolidated over it by terrorising its people through slaughter and pillage" The operations of the
sa&e &ilitary &achine after the conquest are dealt with by another depart&ent of (sla&ic
theology - doctrine of the (sla&ic state" ' very clear e)position of this doctrine is provided by
2rofessor Jadunath 3arkar who had spent a life-ti&e in studying the theology and history of
(sla&" >e reproduce below what he stated in 19@8" :nce again we have replaced the word
<od by the word 'llah "
Islamic State is an Agenc+ for S.rea!ing the Faith
#y the theory of its origin the *usli& 3tate is a theocracy" (ts true king is 'llah! and earthly
rulers are &erely is agents! bound to enforce is law on all" 5ivil ?aw is co&pletely
subordinated to Beligious ?aw and! indeed! &erges its e)istence in the latter" The civil authorities
e)ist solely to spread and enforce the true faith" (n such a 3tate! infidelity is logically equivalent to
treason! because the infidel repudiates the authority of the true king and pays ho&age to is
rivals! the false gods and goddesses" 'll the resources of the 3tate! all the forces under the
political authorities! are in strict legality at the disposal of the &issionary propaganda of the true
faith"
Tolerance to5ar!s Infi!els is Tantamont to Sin
Therefore! the toleration of any sect outside the fold of orthodo) (sla& is no better than
co£ing with sin" 'nd the worst for& of sin is polytheis&! the belief that the one true 'llah
has partners in the for& of other deities" 3uch a belief is the rankest ingratitude $kufr% to hi& who
gives us our life and daily bread
The conversion of the entire population to (sla& and the e)tinction of every for& of dissent! is
the ideal of the *usli& 3tate" (f any infidel is suffered to e)ist in the co&&unity! it is as a
necessary evil! and for a transitional period only" 2olitical and social disabilities &ust be i&posed
on hi&! bribes offered to hi& fro& the public funds to hasten the day of his spiritual enlighten&ent
and the addition of his na&e to the roll of true believers" The growth of the infidel population in
nu&ber or wealth would! therefore! defeat the very end of the 3tate
Stats of Non%(slims in an Islamic State
' non-*usli&! therefore! cannot be a citi+en of the 3tate1 he is a &e&ber of a depressed class1
his status is a &odified for& of slavery" e lives under a contract $!imma% with the 3tateG for the
life and property that are grudgingly spared to hi& by the 5o&&ander of the 8aithful" e &ust
undergo political and social disabilities! and pay co&&utation-&oney $ja!iya%" (n short! his
continued e)istence in the 3tate after the conquest of his country by the *usli&s is conditional
upon his person and property being &ade subservient to the cause of (sla&"
e &ust pay a ta) for his land $ kharaj%! fro& which the early *usli&s were e)e&pt1 he &ust
pay other e)actions for the &aintenance of the ar&y! in which he cannot enlist even if he offers to
render personal service instead of paying the poll-ta)1 and he &ust show by hu&ility of dress and
behaviour that he belongs to a sub,ect class" .o non-*usli& $!immi% can wear fine dresses! ride
on horseback or carry ar&s1 he &ust behave respectfully and sub&issively to every &e&ber of
the do&inant sect
(n addition to the poll-ta) and public degradation in dress and de&eanour i&posed on the&!
the non-*usli&s were sub,ected to various hopes and fears" Bewards in the for& of &oney and
public e&ploy&ent were offered to apostates fro& induis&" The leaders of indu religion and
society were syste&atically repressed! to deprive the sect of spiritual instruction! and their
religious gatherings and processions were forbidden in order to prevent the growth of solidity and
a sense of co&&unal strength a&ong the&" .o new te&ple was allowed to be built nor any old
one to be repaired! so that the total disappearance of all places of indu worship was to be
&erely a question of ti&e" #ut even this delay! this slow operation of Ti&e! was intolerable to
&any of the &ore fiery spirits of (sla&! who tried to hasten the abolition of infidelity by
anticipating the destructive hand of Ti&e and forcibly pulling down te&ples"
1
Earlier Conclsions Confirme!
2rofessor Jadunath 3arkar confir&ed his earlier conclusions after a further and deeper study of
(sla&" (n an article published in the 1964 2oo,a .u&ber of the Hindustan Standard! 5alcutta! he
observedG
The poison lay in the -ery core of Islamic theocracy" /nder it there can be only one faith! one
people and one all overriding authority" The 3tate is a religious trust ad&inistered solely by is
people $the faithful% acting in obedience to the 5o&&ander of the 8aithful! who was in theory! and
very often in practice too! the supre&e <eneral of the 'r&y of &ilitant (sla& $Janud%" There could
be no place for non-believers" 7ven Jews and 5hristians could not be full citi+ens of it! though
they so&ewhat approached the *usli&s by reason of their being 2eople of the #ook or
believers in the #ible! which the 2rophet of (sla& accepted as revealed"
's for the indus and Doroastrians! they had no place in such a political syste&" (f their
e)istence was tolerated! it was only to use the& as hewers of wood and drawers of water! as ta)-
payers! +hiraj-u!ar ! for the benefit of the do&inant sect of the 8aithful" They were
called 4immis or people under a contract of protection by the *usli& 3tate on condition of certain
services to be rendered by the& and certain political and civil disabilities to be borne by the& to
prevent the& fro& growing strong" The very ter& 4immi is an insulting title" (t connotes political
inferiority and helplessness like the status of a &inor proprietor perpetually under a guardian1
such protected people could not clai& equality with the citi+ens of the *usli& theocracy"
The 4immi is under certain legal disabilities with regard to testi&ony in law courts! protection
under cri&inal law! and &arriage" The 3tate! as the other party in the contract $!imma%!
guarantees to hi& security of life and property and a &odified protection in the e)ercise of his
religionG he cannot erect new te&ples! and has to avoid any offensive publicity in the e)ercise of
his faith" #ut everything short of open physical persecution! - everything that would not be a
flagrant breach of the contract of protection! can be legiti&ately practised by the *usli& ruler to
reduce the nu&ber of the undesirable alien sect
Thus "y the "asic conception of the Muslim State all non-Muslims are its enemies: and it is in
the interest of the State to cur" their ro.th in num"er and po.er; The ideal aim .as to
e%terminate them totally! as indus! Doroastrians and 5hristian nationals have been liquidated
$so&eti&es totally! so&eti&es leaving a negligible re&nant behind% in 'fghanistan! 2ersia and
the .ear 7ast"
@
Hin!s shol! he gratefl to Imam Hanifa
indus should be grateful to (&a& anifa for so&e &ercy shown to the&" e had reco&&ended
that indus! though idolaters! could be accepted as a 2eople of the #ook like the Jews! the
5hristians and the Doroastrians! and granted the status of !immis" The *usli& swords&en and
theologians in (ndia happened to follow his school of (sla&ic law" That enabled the& to
upgrade the crow-faced infidels
A
of this country to the status of !immis" indus could
save their lives and so&e of their properties! though not their honour and places of worship and
pilgri&age! by paying ji!yah and agreeing to live under highly discri&inative disabilities" The only
choice which the other great (&a&s of (sla& - *'lik! 3h'fii and anbal - gave to the indus was
between (sla& and death"
'lauddin =hil,i had consulted the &ost learned *aulana of his real& - 0a+i *ughis-ud-din of
#ayana - on this point" The 0a+i pronounced the correct position as followsG The indus are
designated in the law as payers of tribute $ kharaj-u!ar%1 and when the revenue officer
de&ands silver fro& the&! they should! without question and with all hu&ility and respect! tender
gold" (f the officer throws dirt into their &ouths! they &ust without reluctance open their &ouths
wide to receive it" #y these acts of degradation are shown the e)tre&e obedience of the !immi!
the glorification of the true faith of (sla&! and the abase&ent of false faiths" 'llah hi&self orders
the& to be hu&iliated! as e says! till they pay $ ja!iya% with the hand and are
hu&bled" The 5rophet has commanded us to slay them: plunder them and make them
capti-e" .o other religious authority e)cept the great (&a& $anifa% whose faith we follow! has
sanctioned the i&position of the ja!iya on indus" 'ccording to all other theologians! the rule for
indus is 7ither death or (sla& "
9
Imam Hanifa critici>e! *+ Amir )hsr
'&ir =husru was a conte&porary of 0a+i *ughis-ud-din" e is presented by the &ode&
*usli&s and lionised by the educated indus as the pioneer of secularis& in (ndia " e
had! however! soðing very specific to say on the status of indus vis-;-vis the (sla&ic state"
appy ind/st'n ! he wrote! the splendour of Beligion" where the ?aw finds perfect honour
and security" (n learning -ehli can now co&pete with #okh'ra! for (sl'& has been &ade
&anifest by its kings" The whole country! by &eans of the sword of our holy warriors! has
beco&e like a forest denuded of its thorns by fire" The land has been saturated with the water of
the sword! and the vapours of infidelity have been dispersed" The strong &en of ind have been
trodden under foot! and all are ready to pay tribute" (sl'& is triu&phant! idolatry is
subdued" Had not the la. Fof Imam HanifaG ranted e%emption from death "y the payment of
poll-ta%: the -ery name of hind: root and "ranch: .ould ha-e "een e%tinuished" 8ro& <ha+n( to
the shore of the ocean you see all under the do&ination of (sl'&" 5awing crows
6
see no arrows
pointed at the&1 nor is the Tars' $5hristian% there! who does not fear $taras% to render the servant
equal with 'llah1 nor the Jew who dares to e)alt the 2entateuch to a level with the =ur'n1 nor
the Mah who is delighted with the worship of fire! but of who& the fire co&plains with its
hundred tongues" The four sects of *usul&'ns are at a&ity and the very fish are 3unn(s"
6
(t has to be re&e&bered that '&ir =husru was one of the fore&ost disciples of .i+a&-ud-din
'wliya of -elhi who is counted a&ong the five great sufis of the 5hishtiyya school" e is hi&self
regarded as an outstanding sufi on whose ma!Ar in -elhi urs is held every year" is indi verses
are cited as a proof positive of his love for the land of his birth" #ut what the '&ir says about
industan and indus speaks volu&es about sufis and 3ufis&" The few educated indus
who ad&it that 2rophetic (sla& is so&ewhat fanatic ! believe that 3ufistic (sla& is large-
hearted and liberal " The 5hishtiyya school of 3ufis& in particular is supposed to have built
bridges between the two co&&unities "
Tre Face of Sfism
#ut the evidence that is available points towards a contrary conclusion" The 5hishtiyya school
was foisted on (ndia by *uin-ud-din who had settled down in ',&er before the 3econd #attle of
Tarain" 'ccording to the sufi lore! he had &ade a few converts fro& a&ong the local indus and
started issuing orders to 2rithivi Ba, 5hauhan! the indu king! for the benefit of these converts"
>hen the king ignored hi&! he invited *uha&&ad <huri to invade the 5hauhan =ingdo&" Sir-ul-
A.liya! the &ost fa&ous history of the 5hishtiyya school written by =hwa,a '&ir =hurd! another
disciple of .i+a&-ud-din 'wliya! tells the following storyG is E*uin-ud-din sF blessed tongue
uttered spontaneously! >e have handed over 2ithora alive to the ar&y of (sla&" (n those
very days! 3ultan *ui+-ud-din 3a& arrived in ',&er fro& <ha+ni" 2ithora had to face the ar&y of
(sla&" e was captured alive by 3ultan *ui+-ud-din The =hwa,a E*uinud-dinF was a worker of
great wonders" #efore he reached industan! all its cities right upto the point of sunrise were
sunk in tu&ult and infidelity and were involved with idols and idolatry" 7veryone a&ong the
rabble E<odsF of industan clai&ed to be the great <od and a co-sharer in the divinity of 'llah"
The people paid ho&age to stones! sods of clay! trees! quadrupeds! cows and bulls and their
dung" The darkness of infidelis& had &ade still &ore fir& the seals on their hearts *uin-ud-
din was indeed the very sun of the true faith" 's a result of his arrival! the darkness that had
spread over this country was dispelled" (t beca&e bright and glowed in the light of (sla&"""
'nyone who has beco&e a *usal&an in this country will stay a *usal&an till the -ay of
-issolution" is progeny will also re&ain *usal&an The people Eof industanF will be brought
out of dAr-ul-har" into dAr-ul-IslAm by &eans of &any wars"Q
7
There is plenty of pri&ary literature available in 'rabic and 2ersian regarding the rise!
develop&ent! and doings of nu&erous sufi silsilas in (ndia" 3o&e of this literature has been
translated into /rdu and 7nglish as well" ' study of this literature leaves little doubt that sufis
were the &ost fanatic and funda&entalist ele&ents in the (sla&ic establish&ent in &edieval
ti&es" indus should go to this literature rather than fall for latter-day (sla&ic propaganda" The
ruin of indus and induis& in =ash&ir in particular! can be safely credited to sufis who
functioned there fro& the early thirteenth century onwards"
Footnotes:
1
Jadunath Sar'ar4 History of Auran&4i.4 7o"ume !!!4 %a"cutta4 1#234 pp. 114617.
2
%ited in +.%. Ma@umdar 8ed.94 The History of the Indian ,eople and *ulture4
7o"ume 7!4 The #elhi -ultanate4 ?om5a<4 1#1$4 pp. 117613. Emphasis added.
,
A term 2hich Amir *husru fre;uent"< used for )indus.
4
%ited in Jadunath Sar'ar4 History of Auran&4i.4 7o"ume !!!4 %a"cutta4 1#234 p.
111. Emphasis addded.
/
Another term of contempt used 5< Amir *husru for )indus.
1
Ashi+A of Amir *husru4 trans"ated in E""iot and o2son4 7o"ume !!!4 pp. /4/6
41. Emphasis added.
7
Amir *hurd4 -iyar/ul/A1liya4 -e2 e"hi4 1#3/4 pp. 111612. The passage cited
has 5een trans"ated from the =rdu version. Sai<id Athar A55as +iCvi has
presented a "ot of primar< materia" on Sufism in his A History of -ufis in India.
-e2 e"hi4 7o"ume !4 1#73 and 7o"ume !!4 1#3,.
CHAPTER @
(,S4I( UMMAH IS A (I4ITARC (ACHINE
The tee&ing to&es on orthodo) (sla&ic theology devote plenty of space to non-warlike sub,ects!
such as faith! purification! prayers! al&s! fasting! pilgri&age! &arriage! divorce! business
transactions! inheritance! gifts! bequests! vows! oaths! cri&e! punish&ent! govern&ent! hunting!
food! drink! dress! decoration! greetings! &agic! poetry! visions! drea&s! virtue! last day!
repentance! etc" #ut the rules laid down for every *usli&! everywhere and at all ti&es! are the
sa&e" (n the final analysis this unifor& pattern of belief and behaviour erases the individual in
&an and turns hi& into a &e&ber of a close-knit collective! the Ummah"
The Ummah! however! acquires an altogether new colour when ,u)taposed with jihAd! on which
sub,ect also the to&es wa) no less eloquent" (t looks too &uch like a &ilitary &achine to pass as
a peaceful society" The rules laid down by the 3hariat read like a &anual co&piled for use in
&ilitary barracks - waking up every &orning to the call of a bugle! rolling up the bed! sweeping the
floor! pressing the unifor&! polishing the shoes! rushing for a bath! &oving the body in different
ways in &ass drills! sharing &eals in the &ess-hall! drinking fro& a co&&on canteen and! finally!
facing the court &artial for &istakes &ade in any part" :ne is a&a+ed as well as a&used when
this &echanical confor&ity to a set pattern of e)ternal e)ercises is presented by the spokes&en
of (sla& as the very essence of universal spirituality and &orality"
Pra+ers of (ilitar+ Para!eF
-"3" *argoliouth cites several early *usli& sources regarding what the *usli& ranks looked like!
on the eve of the #attle of #adrG :f the battle that followed we have no clear or detailed
accountG but we know at least so&e of the factors which brought about the result" The discipline
of the salat or prayer ! in which the *osle&s were arranged in rows! and had to perfor& after
a leader certain bodily e)ercises! and falling out of line was threatened with divine punish&ent!
had served as a rough sort of drill! and *oha&&ed before the battle discharged the duty of
&aking the troops fall into line" The *eccan general /tbah! son of Babiah! was struck with
their appearance1 they were keeling on their knees! silent as though they were du&b! and
stretching out their tongues like snakes" They were all sub,ect to the single will of their 2rophet!
who was aware that the general should not risk his life1 for hi& therefore in the rear of the ar&y a
hut was built! where attended by his &ost trusted counsellors! he could issue orders1 and to
which ca&els were tied ready to be used by the leaders for flight in case of disaster"
1
O*ser&ations of Cont )e+serling
This &ilitari+ation of everyday *usli& life was noticed with keen interest by 5ount =eyserling
$1884-1996 57% during his travels in (sla&ic countries" e su&&ed up his over-all i&pression in
his The Tra-el )iary of a 5hilosopher" (sla& is a religion! he wrote! of absolute surrender
and sub&issiveness to <od - but to a <od of a certain character - a >ar-?ord who is entitled to
do with us as he will and who bids us stand ever in line of battle against the foe The ritual of
this belief e&bodies the idea of discipline" >hen the true believers every day at fi)ed hours
perfor& their prayers in serried ranks in the &osque! all going through the sa&e gestures at the
sa&e &o&ent! this is not! as in induis&! done as a ðod of self-reali+ation! but in the spirit in
which the 2russian soldier defiled before his =aiser" This &ilitary basis of (sla& e)plains all the
essential virtues of the *usal&an" (t also e)plains his funda&ental defects - his
unprogressiveness! his incapacity to adapt hi&self! his lack of invention" The soldier has si&ply
to obey orders" 'll the rest is the affair of 'llah"
@
Congregational or Fri!a+ Pra+ers
(n the early days of (sla& ! writes 2rofessor ="3" ?al! the &ain features of the 8riday
service were prayers in congregation with worshippers standing in straight linear rows"
'ttendance was co&pulsory and &ilitary discipline was &aintained" The ser&on was like the
order of the day1 it co&prised advice! repri&and and directions on religious and political
obligations of the faithful" ' sense of awe pervaded - raising the nu&ber of
worshippers
A
3&all wonder that great i&portance is attached to congregational or 8riday
prayers in (sla&" The ahadis declare that na&a+ said in congregation is twenty-five ti&es
superior to na&a+ said alone at ho&e" *uha&&ad was very strict about attendance in
congregational prayer"
9
The 2rophet is reported to have said that he felt like burning down the
houses of those who did not attend the 8riday prayers" (n the history of (sla& in (ndia! 8riday
ser&ons result in working up the feelings of the na&a+is! and sabre-rattling and street riots
generally take place on 8riday after the afternoon prayers "
6
Islam !i&i!es the Hman Famil+
The picture beco&es perfectly clear when we conte&plate the thought-categories which for& the
very foundations of (sla&ic theology" The thought-categories are derived fro& the 0uran which
the theologians quote at every turn and on every sub,ect"
(sla&ic theology divides the hu&an fa&ily into two inco&patible factions" There are
the mu mins $believers% on the one hand" They are 'llah s favourites to who& he has
pro&ised victory in this world and paradise hereafter" :n the other hand! there are
the kAfirs $unbelievers% whose lives! liberties! properties and honour 'llah has forfeited in favour
of the faithful" Mu mins can have a clean conscience when they slaughter and plunder and
enslave the kAfirs by every &eans and in every way" They are only fulfilling 'llah s ine)orable
>ill"
Islam .olarises the Inha*ite! -orl!
The sa&e theology divides the inhabited world into two irreconcilable ca&ps" :n the one hand!
there is the dAr-ul-IslAm! the lands held by *usli&s where the 3hariat rules" This is the base
fro& which the mu mins operate" :n the other hand! there is the dAr-ul-har"! the lands in
which kAfirs live and which the mu mins should sub,ect to non-stop war" The &u &ins should
spare neither their persons nor their properties in the effort to convert every dAr-ul-har" into
a dAr-ul-IslAm"
Islam *ifrcates Hman Histor+
'gain! (sla&ic theology bifurcates hu&an history into two sharply defined periods" The period
before the procla&ation of *uha&&ad s prophethood is the 'ge of (gnorance $ jAhiliya%! and the
period that follows is the 'ge of (llu&ination $ilm%" 7verything that prevailed in the 'ge of
(gnorance is to be destroyed outright or to be converted in such a &anner that it looks as if it
ca&e into e)istence after the dawn of the 'ge of (llu&ination" The nor&s of ignorance and
illu&ination are deter&ined not by any ob,ective or co¶tive criteria! but by dictu&s of the
0uran and adis"
#elie&ers are #etter Hman #eings
(t is nowhere stated in (sla&ic theology that the mu mins have to be better hu&an beings in
ter&s of &ind or &orals" They have only to swear by a certain phanto& na&ed 'llah and a
certain historical person called Bas/l $prophet%! and they beco&e qualified to kill all those who
refuse to swear in the sa&e &anner" They are e)e&pted fro& prayers! fasting! pilgri&age and
the rest and all their sins and cri&es stand pardoned! if they engage the&selves in killing
the kAfirs"
Islam incom.ati*le 5ith Peace
*ahat&a <andhi was no specialist of (sla&ic theology" e accepted the &ode& *usli&
apologist s interpretation that (sla& &eans peace" #ut he saw no sign of *usli& adherence to
this interpretation" (sla& was born! he observed! in an environ&ent where the sword was
and still re&ains the supre&e law The sword is yet too &uch in evidence a&ong *ussal&ans"
(t &ust be sheathed if (sla& is to be what it &eans peace"
2rofessor Jadunath 3arkar! on the other hand! had devoted a life-ti&e to the study of (sla& in
theory and practice" e could not avoid reaching a very gri& conclusion" The &urder of
infidels $kafir-kushi%! he wrote! is counted a &erit in a *usli&" (t is not necessary that he
should ta&e his own passions or &ortify his flesh1 it is not necessary for hi& to grow a rich growth
of spirituality" e has only to slay a certain class of his fellow beings or plunder their lands and
wealth! and this act in itself would raise his soul to heaven" ' religion whose followers are taught
to regard robbery and &urder as a religious duty! is inco&patible with the progress of &ankind or
with the peace of the world"
6
(f the aforesaid authorities on (sla&! including the great savant and historian fro& #engal! had
been brought to the notice of Justice #asak before he pronounced that the 0uran is not
pre,udicial to the &aintenance of har&ony between different religions and that #ecause of
the 0uran no public tranquility has been disturbed upto now and there is no reason to apprehend
any likelihood of such disturbance in future ! his verdict &ight well have been different" The
whole history of (sla&! particularly in (ndia! runs counter to this pronounce&ent" The people of
#engal know it in their bones what the 0uran stands for" The strea& of refugees fro&
#angladesh $erstwhile 7ast 2akistan% has not yet ceased to flow"
Footnotes:
1
Mohaed and the %ise of Isla4 op. cit.4 pp. 2/36/#. )e a"so sa<s that the
Pagan Ara5s4 on the other hand4 2ere unac;uainted 2ith the rudiments of
mi"itar< science 4 that the< fought in no order4 2ith no "eadership 4 and that
of the hundred or more technica" terms 2hich the 2arfare of !s"am evo"ved4 the
Ara5s of the !gnorance had no 'no2"edge 8!5id.4 pp. 2/#61$9.
2
%ited 5< Jadunath Sar'ar4 History of Auran&4i.4 7o"ume !!!4 %a"cutta4 1#23. p.
171.
,
Theory and ,ra"ti"e of Musli -tate in India4 op. cit.4 pp. 3,634.
4
!5id.4 p. 32.
/
!5id.4 p. #,.
1
Jadunath Sar'ar4 History of Auran&4I.4 %a"cutta4 1#234 7o"ume !!!4 pp. 11361#.
CHAPTER A
THE PETITION HAS SER"ED A GREAT P,RPOSE
#y filing the >rit 2etition for a ban on the 0uran! 5hand&al 5hopra has invited attention to a
sub,ect which indus have neglected for long and at great cost to the&selves" They have yet to
e)a&ine critically the clai& of the 0uran as a sacred scripture and of (sla& as a religion" (f
indus now take up this study in all seriousness and educate the&selves about the character of
(sla&! the 2etition will have served its purpose"
(ahatma Gan!hi on Hin! Ps+cholog+
The panic shown by the 3tate and /nion govern&ents in the face of violent *usli& &obs! points
towards a psychology fro& which indus have yet to free the&selves" The thirteen hundred
years of i&perialistic e)pansion! wrote *ahat&a <andhi! has &ade the *ussal&ans fighters
as a class" They are! therefore! aggressive" #ullying is the natural e)crescence of an aggressive
spirit" The indu has an age-old civili+ation" e is essentially nonviolent 2redo&inance of the
non-violent spirit has restricted the use of ar&s to a s&all &inority1 not knowing their Ear&s F use
nor having an aptitude for the&! they EindusF have beco&e docile to the point of ti&idity or
cowardice"
1
e was convinced that *usli&s will not stop being bullies so long as indus continue to be
cowards" e saw no hope for a healthy relationship between the two co&&unities till this
i&balance was corrected" #ut &y own e)perience! he observed confir& the opinion that
the *ussal&an as a rule is a bully and the indu as a rule is a coward (f the indus wish to
convert the *ussal&an bully into a respecting friend! they have to learn to die in the face of the
heaviest odds indus &ust cease to fear the *ussal&an bully"
@
Ho5 the 2ran *ecame a Hol+ #oo$ for Hin!s
The story of how indus ca&e to accept the 0uran as a holy book is long and painful" There
are very few indus now who know the story" <eneration after generation of indus has been
brainwashed by slogans of secularis& and sar-a-dharma-sama"ha-a to believe that they have
always revered the 0uran! and accepted (sla& as a dharma"
#ut history is a witness that during the centuries of (sla&ic invasions and rule! indus hated (sla&
as barbaris& and fought the *usli& &arauders tooth and nail" They had! however! also to live
for several centuries as terrori+ed sub,ects of (sla&ic &ilitary states which ruled in &ost parts of
(ndia at one ti&e or the other" /nder the (sla&ic law that prevailed! it was a cri&e
punishable with death to question the final prophethood of *uha&&ad! the divinity of the 0uran!
and the &onopoly of (sla& as a religion" *edieval *usli& historians have &entioned in passing
so&e pro&inent instances of indus attracting the supre&e penalty for co&&itting one or the
other of these cri&es " *any &ore cases &ust have re&ained un&entioned" 3&all wonder
that indus under *usli& do&ination! had to pretend all the ti&e that they harboured nothing but
the highest senti&ents for the 0uran" 2retension tended to beco&e belief as it was passed down
by one generation to another"
Pioneering -or$ of S5ami Da+anan!a
3o&e indus did try to have a close look at the 0uran when the night&are of *usli& rule was
over" The pride of place in this respect goes to 3wa&i -ayananda! the founder of the 'rya
3a&a," e tore through the theology of the 0uran and brought up to the surface the cri&inal
psychology ca&ouflaged by it" 't the sa&e ti&e! he &ade an appeal to the *usli&s to reflect
upon how they would feel if thekAfirs started doing to the& what the 0uran has prescribed for
the kAfirs" 3o&e subsequent scholars of the 'rya 3a&a, followed the lead given by 3wa&i,i and
did co&&endable work" indus started waking up and wondering whether the 0uran was at all
worthy of the reverence e)pected fro& the&"
Political E1.e!ienc+ trim.hs o&er Trth
#ut it proved to be a passing phase" The leaders of the 8reedo& *ove&ent against #ritish rule
which was surging forward and which aroused e&otions deeper than the controversy about the
0uran ! were eager to draw the *usli& &inority into the national struggle in order to be in a
better position to bargain with the #ritish" They thought they could win over the *usli&s by
praising the 2rophet! by holding up the 0uran as a holy book! by espousing 2an-(sla&ic causes!
and by looking the other way when faced with facts of history" 3tarting with the 3wadeshi
*ove&ent in #engal! this flattering of *usli&s by praising (sla& cul&inated in *ahat&a
<andhi s sar-a-dharma-sama"ha-a - the opiate which lulled the indus into a deep slu&ber
such as they had never known vis-;-vis *usli& aggression"
3o&e national leaders even &ade a bold bid to revise &edieval (ndian history" *usli& heroes
were presented as national heroes" :n the other hand! indu heroes who had fought against
(sla&ic i&perialis& were cut to si+e " ?ala ?a,pat Bai propagated the proposition that the
indus and *usli&s have coalesced into an (ndian people! very &uch the sa&e way as the
'ngles! 3a)ons! -anes and .or&ans for&ed the 7nglish people of to-day and that the
*usli& rule in (ndia was not a foreign rule"
A
These were leaders of great stature" They had &ade great sacrifices" Their words carried a
weight which specialists of the sub,ect like 2rofessor Jadunath 3arkar could not co&&and" Thus
the at&osphere beca&e highly discouraging for any serious and co¶tive study of religions"
:n the other hand! puerile nonsense like the $ssential Unity of All 1eliions by -r" #hagwan -as
beca&e very popular" 'nyone who questioned the pious proposition that the 0uran was as good
as the Cedas and the 2uranas! ran the risk of being nailed down as an ene&y of co&&unal
har&ony " There were quite a few casualties in the public life of (ndia caused by this euphoria
for the 0uran"
#lin!e! *+ the (a$e%#eliefs
The e)peri&ent was a stupendous failure as it was bound to be! based as it was on no &ore than
&ere &ake-beliefs" 7very concession &ade to the *usli& &inority helped only to whet its
appetite for &ore" (t staged street riots whenever the indu &a,ority showed so&e
resistance to its &ounting de&ands" (n the event! it opted for a separate nationhood and
established another (sla&ic state on the soil of (ndia"
#ut instead of laying the bla&e where it really belonged! the political leadership bla&ed #ritish
i&perialis& for creating the co&&unal divide and indu co&&unalis& for deepening
the crisis which cul&inated in 2artition" This #ig ?ie was sold on a large scale after
independence when political power passed into the hands of self-alienated indus who paraded
the&selves as progressive ! leftist ! revolutionary etc"! and who harboured an
incurable ani&us against everything native and national" :nce again! the 0uran ca&e out quite
unscathed"
(slims start the Game Again
That part of the *usli& &inority which had voted for 2akistan but had chosen to stay in
(ndia! restarted the old ga&e when (ndia was proclai&ed a secular state pledged to freedo& of
propagation for all religions" (t revived its tried and tested trick of &asquerading as a poor and
persecuted &inority " (t cooked up any nu&ber of 2irpur Beports"
9
The wail went up that the
lives! liberties and honour of the *usli&s were not safe in (ndia! in spite of (ndia s
secular pretensions " 't the sa&e ti&e! street riots were staged on every possible prete)t"
The co&&unal situation started beco&ing critical once again"
Histor+ to *e Re%5ritten
'nd once again! the political leadership ca&e out with a &ake-belief" The big-wigs fro& all
political parties were collected in a .ational (ntegration 5ouncil " (t was pointed out by the
leftist professors that the &a,or cause of co&&unal trouble was the bad habit of living in
the past on the part of our people " *ost of the politicians knew no history and no religion for
that &atter" They all agreed with one voice that (ndian history! particularly that of the &edieval
*usli& period ! should be re-written" That! they pleaded! was the royal road to national
integration "
(slim Histor+ is the *est Commentar+ on the 2ran
indus who had suffered fro& the (sla&ic onslaught in &edieval ti&es had written no history of
what they went through" (t was only the &edieval *usli& historians who had preserved with
&eticulous care and great glee the record of what the hA!is had done to
the kAfirs and mushriks! again and again" istorians like Dia-ud-din #arani
6
believed that the
treat&ent &eted out to the indus by the *usli& swords&en was a part the divine plan which
was unfolding according to pro&ises 'llah had &ade in the 0uran" Thus the best and the &ost
honest co&&entaries which the indus could read on the 0uran! were the histories written by
&edieval *usli& historians"
' deter&ined effort was now launched by 3talinist professors! particularly of the Jawaharlal
.ehru /niversity $J./% in .ew -elhi! to keep away these co&&entaries fro& the indus"
*usli& historians! particularly of the 'ligarh school! ca&e forward to lend wholehearted
cooperation" (f the 0uran could be divorced fro& the history it had created in the past! it could
retain intact the hallow which indus accorded to it in the present" 2rofessional historians in &ost
places fell into line" (t was too bad to beco&e known as a indus co&&unalist in the 'll
(ndia istory 5ongress which had! &eanwhile! been captured by the 3talinist and *usli&
historians "
-arning from a "eteran Historian
The only voice which was heard against this nation-wide e)ercise in suppressio -eri suestio
falsi in the field of &edieval (ndian history! was that of the veteran historian! B"5" *a,u&dar" 8or
hi&! this national integration based on a wilful blindness to recorded history of the havoc
wrought by (sla& in (ndia! could lead only to national suicide" e tried his best to arrest the trend
by presenting (sla&ic i&perialis& in &edieval (ndia as it was! and not as the politicians in league
with 3talinist and *usli& historians were tailoring it to beco&e"
2olitical necessities of the (ndians during the last phase of #ritish rule! he wrote in 1964!
underlined the i&portance of alliance between the two co&&unities! and this was sought to be
s&oothly brought about by glossing over the differences and creating an i&aginary history of the
past in order to depict the relations between the two in a &uch &ore favourable light than it
actually was" 7&inent indu political leaders even went so far as to proclai& that the indus
were not at all a sub,ect race during the *usli& rule" These absurd notions! which would have
been laughed at by (ndian leaders at the beginning of the nineteenth century! passed current as
history owing to the e)igencies of the political co&plications at the end of that century"
/nfortunately slogans and beliefs die hard! and even today! for &ore or less the sa&e reasons as
before! &any (ndians! specially indus! are peculiarly sensitive to any co&&ents or observations
even &ade in course of historical writings! touching upon the co&&unal relations in any way" A
fear of .oundin the suscepti"ilities of the sister community haunts the minds of Hindu politicians
and historians: and not only pre-ents them from speakin out the truth: "ut also "rins do.n their
.rath upon those .ho ha-e the courae to do so" #ut history is no respecter of persons or
co&&unities! and &ust always strive to tell the truth! so far as it can be deduced fro& reliable
evidence" This great acade&ic principle has a bearing upon actual life! for ignorance seldo&
proves to be a real bliss either to an individual or to a nation" (n the particular case under
consideration! ignorance of the actual relation between the indus and the *usli&s throughout
the course of history - an ignorance deliberately encouraged by so&e - &ay ulti&ately be found
to have been the &ost i&portant single factor which led to the partition of (ndia" The real and
effective &eans of solving a proble& is to know and understand the facts that gave rise to it! and
not to ignore the& by hiding the head! ostrich-like! into sands of fiction"
6
A "oice in the -il!erness
#ut his voice re&ained a voice in the wilderness" 8ourteen years later! he had to return to the
the&e and give specific instances of falsification" It is -ery sad: he o"ser-ed: that the spirit
of per-ertin history to suit political -ie.s is no loner confined to politicians: "ut has definitely
spread e-en amon professional historians It is painful to mention thouh impossi"le to
inore: the fact that there is a distinct and conscious attempt to re.rite the .hole chapter of the
"iotry and intolerance of the Muslim rulers to.ards Hindu reliion" This was originally pro&pted
by the political &otive of bringing together the indus and *usal&ans in a co&&on fight against
the #ritish but has continued ever since" ' history written under the auspices of the (ndian
.ational 5ongress sought to repudiate the charge that the *usli& rulers broke indu te&ples!
and asserted that they were the &ost tolerant in &atters of religion" 8ollowing in its footsteps! a
noted historian has sought to e)onerate *ah&ud of <ha+ni s bigotry and fanaticis&! and
several writers in (ndia have co&e forward to defend 'urang+eb against Jadunath 3arkar s
charge of religious intolerance" (t is interesting to note that in the revised edition of
the $ncyclopaedia of Islam! one of the&! while re-writing the article on 'urang+eb originally
written by >illia& (rvine! has e)pressed the view that the charge of breaking indu te&ples
brought against 'urang+eb is a disputed point" 'las for poor Jadunath 3arkar! who &ust have
turned in his grave if he were buried" 8or! after reading his History of Auran!i"! one would be
te&pted to ask! if the te&ple-breaking policy of 'urang+eb is a disputed point! is there a single
fact in the whole recorded history of &ankind which &ay be taken as undisputedM ' noted
historian has sought to prove that the indu population was better off under the *usli&s than
under the indu tributaries or independent rulers"
7
Falsification of Histor+ *ecomes State Polic+
This caravan loaded with synthetic &erchandise has! however! continued to &ove forward" 7ight
years later $198@%! it was reported that istory and ?anguage te)tbooks for schools all over
(ndia will soon be revised radically" (n collaboration with various state govern&ents the *inistry
of 7ducation has begun a phased progra&&e to weed out undesirable te)tbooks and re&ove
&atter which is pre,udicial to national integration and unity and which does not pro&ote social
cohesion" 'le *inistry of 7ducation s decision to re-evaluate te)tbooks was taken in the light of
the reco&&endations of the .ational (ntegration 5ouncil of which the 2ri&e *inister E(ndira
<andhiF is 5hair&an" The *inistry s view was that history had often been used to serve narrow!
sectarian and chauvinistic ends"
8
8eeding people on such palpable falsehoods can so&eti&es produce a co&plete collapse of their
&ental and &oral faculties" 'n instance is provided by 3halini 3aran s article! Ak"ar: The Great
Unifier: pu"lished in 1eaders )iest $(ndian edition% of :ctober! 1986" 3he hails 'kbar by
asserting that 5enturies before his ti&e! this versatile e&peror helped &ake us one nation "
:ne of her strong argu&ents in support of this thesis is that 'kbar could be ruthless in his drive
for unityG after the fall of 5hitor! he ordered all its A4!444 inhabitants &assacred"
(t did not occur to her that 'kbar had arrived in (ndia only 19 years before he invested 5hittor in
1668" e was at that ti&e too &uch of a foreigner to fancy any idea of an (ndian nation" is
invasion of *ewar was a copy-book e)ercise of earlier (sla&ic invasions a jihAd as depicted in
5hapter 6 above" 7very (sla&ic i&perialist fro& 'lauddin =hil,i onwards had tried to reduce this
defiant Ba,put state to slavery"
3he is also blissfully oblivious of what 'kbar s conte&poraries have recorded as his reason for
slaughtering so &any non-co&batants in cold blood" 'bul 8a+l and #adayuni have not tried to
hide the truth that 'kbar was inspired by the ti&e-honoured tenets of jihAd which en,oin a total
destruction of infidels after they have been defeated" The infidels in this instance had
also aroused 'kbar s ire by offering a very stiff resistance"
3halini 3aran s eulogy of 'kbar will &ake the &ost blatant apologist of (sla&ic i&perialis&
blush with e&barrass&ent" #ut she is not alone" 3he represents a whole tribe who depend
entirely upon their ideological predilections for concocting (ndia s history" :nly they do not
e)tend that bias to the #ritish period" olding the #ritish responsible for everything that went
wrong! is still the progressive platfor&"
Though! by the logic of this tribe! the best pro&oters of (ndia s unity were the #ritish" They did
far &ore and succeeded to a &uch greater e)tent in i&posing a unity on (ndia" #y that logic!
<eneral -yer of the Jallianwala #agh fa&e co&es out with flying colours as the fore&ost builder
of an (ndian nation" e was also very ruthless in gunning down unar&ed people who were not
i&pressed by the benefits of the #ritish Ba, "
The Fn!amental Failre
These perverse efforts to re-write &edieval *usli& history in (ndia are bound to fail in solving the
co&&unal proble& because the psyche which created that history continues to pulsate in
the 0uran" The 2uran cannot "e re-.ritten "y re-.ritin that history" :n the other hand! an
honest presentation of that history can help i&&ensely an understanding of the *usli& behaviour
pattern which is shaped by the 0uran" ?et there be no &istake that indus will never be able to
tackle the *usli& &inority unless they understand the source of its behaviour pattern"
#ut indus have so far failed to study the 0uran with any seriousness whatsoever" That is why
they have readily conceded the *usli& clai& that the 0uran is a religious scripture full of lofty
&essages! &oral and spiritual " They have confused the language of the 0uran with the
language of indu spirituality so that 'llah passes for the 5armAtman and the 2rophet for
the 5urushottama" They feel pu++led when *usli&s fail to live upto their e)pectations" #ut
they never care to e)a&ine the assu&ptions on which those e)pectations are based" :n the
contrary! they appeal to the *usli&s in the na&e of the 0uran" *usli&s cannot be bla&ed if they
feel a&used at this presu&ptuousness on the part of accursed infidels "
(t is high ti&e for indu scholarship to co&e forward and &ake a serious study of the 0uran with
the help of (sla&ic theology and history" (t is high ti&e for indus to have a close look at the
character of 'llah which is the seed fro& which everything else in (sla& has sprouted" The
results will be very rewarding"
indus have fought *usli& invaders! writes Ba& 3warup! land locally established *usli&
dynasties but neglected to study the religious and ideological &otives of the invaders" indu
learning! or whatever re&ained of its earlier glory! followed the old grooves and its te)ts and
speculations re&ained un&indful of the new pheno&enon in their &idst" 8or e)a&ple! even as
late as the thirteenth century! when *alik =afur was attacking areas in the far 3outh! in the
vicinity of the seat of 3ri Ba&anu,acharya! the scholarly dissertations of the disciples of the great
teacher show no awareness of this fact"
e continuesG indus were &asters of &any spiritual disciplines1 they had &any Iogas and
they had a developed science of inner e)ploration" There had been a continuing discussion
whether the ulti&ate reality was d-aita or ad-aita" (t would have been very interesting and
instructive to find out if any of these savants of Ioga ever &et! on their inner ,ourney! a 0uranic
being! 'llah $or its original! Jehovah of the #ible%! who is ,ealous of other <ods! who clai&s sole
sovereignty and yet who& no one knows e)cept through a pet go-between! who appoints a
favourite e&issary and uses the latter s &outh to publish his decrees! who proclai&s crusades
and jihad! who teaches to kill the unbelievers and to destroy their shrines and te&ples and to levy
per&anent tribute on the& and to convert the& into !immis! into hewers of wood and drawers of
water" 7ven today! the question retains its i&portance" (s the 'llah of the 0uran a spiritual
beingM :r! is he so&e sort of a &ental and vital for&ation! a hege&onistic ideaM -oes he
represent &an s own deepest truth and reside in his inner&ost beingM :r! is he a pro,ection of
a less edifying source in &an s psycheM (s he discovered when a &an s heart is tranquil!
desireless and pureM :r! does he originate in a fevered state of the &indM (s his source the
3a&adhi of the Iogic "humi or so&e sort of a trance of a non-Iogic "humiM (n the Hoa-
darshana! this distinction is funda&ental but it is not &uch re&e&bered these days"
9
Hin!s shol! A..eal to a Higher Cort
The law which prohibits indus fro& having a public discussion on the 0uran! e&bodies a
disability which was once i&posed upon the& at the point of the sword" The law courts cannot be
helpful so long as that lawless law re&ains on the statute book" (ts repeal is a task to be
undertaken by an infor&ed public opinion" (ndia is a de&ocracy in which the sword of (sla& is
not supposed to have any sway"
There is! however! a court higher than the 5alcutta igh 5ourt or the 3upre&e 5ourt of (ndia"
That is the court of hu&an reason! of hu&an values! of hu&an conscience! of hu&an aspiration
for a purer and loftier life" The 0uran should be brought before that court" The devotees of the
0uran should be invited to defend it in that court rather than in the streets"
(t was not so long ago that the #ible en,oyed a stranglehold si&ilar to that of the 0uran over vast
populations in the >est" The theocracies propped up by the #ible in 7urope and '&erica had
enacted si&ilar sagas of slaughter and pillage for several centuries" #ut a sustained >estern
scholarship showed up the #ible for what it was" (t would be &ore consistent! proclai&ed
Tho&as 2ain! that we call it Ethe #ibleF the work of a de&on than the word of <od" The spell
of Jehovah was broken" The god of the #ible! according to Tho&as Jefferson! is cruel!
vindictive! capricious and un,ust " The rest is history" 5hristianity is now seeking a refuge in
countries like (ndia where its rout in the >est re&ains unknown"
' si&ilar scholarship will not only put the 0uran and its 'llah in their proper place but also restore
the i&age of indu spirituality which has suffered due to an adulteration of religious language by
the gibberish of the biblical or prophetic creeds" The *usli& &ullah and the 5hristian &issionary
had an upper hand so long as (sla&ic and 5hristian->estern i&perialis& prevailed in this
country" ' class of indu scholars learnt fro& the& how to process indu spirituality and culture
in ter&s of (sla&ic and 5hristian &onolatries" (t is that class which still passes for what is known
as (ndia s intellectual elite " (n fact! that class has grown stupendously in nu&bers as well
as influence! after (ndia attained independence1 it had been created by a syste& of education
which we have chosen to continue"
(sla&ic and 5hristian i&perialis&s have been defeated and dispelled fro& the greater part of the
ancient indu ho&eland" There is no reason why aggressive and inhu&an ideologies brought in
by those i&perialis&s should continue to flourish" They shall stand e)posed as soon as indus
evolve appropriate ðods for processing those ideologies in ter&s of their own spirituality and
culture"
itherto! observes Ba& 3warup! we have looked at induis& through the eyes of (sla&
and 5hristianity" ?et us now learn to look at these ideologies fro& the vantage point of indu
spirituality - they are no &ore than ideologies! backing as they are in the integrality and
inwardness of true religion and spirituality" 3uch an e)ercise would also throw light on the self-
destructiveness of the &odern ideologies of 5o&&unis& and (&perialis&! inheritors of the
prophetic &ission or burden in its seculari+ed version! of 5hristianity and (sla&" The
perspective gained will be a great corrective and will add a new liberating di&ension1 it will help
not only (ndia and induis& but the whole world"
e concludesG ' fateful thing has been happening" The 7ast is waking up fro& its slu&ber"
The wisdo& of induis&! #uddhis&! Taois& and 5onfucianis& is beco&ing available to the
world" 'lready! it is having a transfor&ing effect on the &inds of the people! particularly in
countries where there is freedo& to seek and e)press" -og&as are under a cloud1 clai&s on
behalf of ?ast 2rophethood and :nly 3onship! hitherto enforced through great intellectual
conditioning! brow-beating! and the big stick! are beco&ing unacceptable" Beligions of pro)y are
in retreat" *ore and &ore &en and wo&en now seek authentic e)perience" #orrowed creed will
not do" *en and wo&en are ceasing to be obedient believers and are beco&ing seekers" They
no longer want to be anybody s sheep! now that they know they can be their own shepherds"
'n e)ternal authority! even when it is called <od in certain scriptures! threatening and pro&ising
alternately! is increasingly &aking less and less i&pression1 people now reali+e that <odhead is
their own true! secret status and they seek it in the depth of their own being" 'll this is in keeping
with the wisdo& of the 7ast"
14
Footnotes:
1
3oun& India4 ,$ ecem5er 1#27.
2
!5id.4 / June 1#24.
,
%ited 5< +.%. Ma@umdar 8ed.94 The History and *ulture of the Indian ,eople4
Preface to 7o"ume 7!!4 The Mu&hal Epire4 ?om5a<4 1#744 p. :ii.
4
A report prepared 5< the Mus"im &eague in 1#,3 "isting atrocities heaped on
Mus"ims 5< the %ongress Ministries 2hich ru"ed in seven Province from 1#,7
on2ards.
/
Another discip"e and contempor< of -iCam6ud6din A2"i<a.
1
+.%. Ma@umdar 8ed94 The History and *ulture of the Indian ,eople4 7o"ume
7!4 The #elhi -ultanate4 ?om5a<4 1#1$4 p. ::i:. Emphasis added.
7
+.%. Ma@umdar 8ed.94 !5id.4 7o"ume 7!!4 Preface to The Mu&hal Epire4
?om5a<4 1#744 p. :ii. Emphasis added.
3
Indian Express4 -e2 e"hi4 17 Januar< 1#32. See Sita +am Goe"4 The -tory of
Islai" Iperialis in India4 7oice of !ndia 81#3294 Second +evised Edition4
1##44 for fu"" discussion of the guide"ines "aid do2n 5< the Ministr< of Education
in this conte:t. A"so4 Arun Shourie4 Einent Historians' Their Te"hnolo&y9 Their
$ine9 Their 5raud4 -e2 e"hi4 1##3.
#
!ntroduction to Mohaed and the %ise of Isla 5< .S. Margo"iouth4 7oice of
!ndia reprint4 -e2 e"hi4 1#3/4 pp. :vii6:viii.
1$
!5id.4 pp. :i:6::.
CHAPTER '9
A C4OSE 4OO) AT A44AH OF THE 2,RAN
The one na&e which *usli&s hate and fear &ost is that of 5hengi+ =han" e is a spectre which
has haunted *usli& historians for centuries" e swept like a tornado over the then &ost powerful
and e)tensive (sla&ic e&pire of =hwara+&" (n a short span of five years $1@19-1@@9 57%! he
slaughtered &illions of *usli&s! forced &any others including wo&en and children into slavery!
and ra+ed to the ground quite a few of the &ost populous and prosperous cities of the *usli&
world at that ti&e"
*usli& and *ongol historians have preserved a record of 5hengi+ =han s doings in region after
region and city after city" >e present so&e of that record in order to point out how closely it
rese&bles the record of jihAds waged by *usli& swords&en in (ndia and elsewhere"
Cities on the Ja1artes Frontier
There was no ar&y to dispute the passage of the Ja)artes with 5hengi+" e despatched Ju,i
against Jund! his second and third sons! 5haghatai and :gtai! against 6trar1 and his other
officers against +hojend: #anakat! etc"1 while he personally proceeded
against Samar3and and 0ukhara" :trar was defended by <hayir =han with an ar&y of 64!4441
the city resisted for five &onths after which <hayir s subordinate! 0aracha! surrendered with his
&en in the hope of &ercy but was put to death" The inhabitants! both wearers of the veil and
those who wore kulah $hat% and turbans were taken out of the city! while the *ongols plundered
their houses" Ioung &en were picked up for the levy $hashr% and the artisans for service" <hayir
=han retreated into the ark with @4!444 soldiers" They held out for another &onth and died
fighting" .o other city in Trans-:)iana was able to hold out for so long" Ju,i sent a *usli&
&erchant! a,i asan! who had long been in 5hengi+ s service! to ask the citi+ens
of Suhna3 to sub&it" #ut so&e persons attacked a,i with cries of Allah-6-Ak"arand put hi& to
death" (n retaliation for this! the *ongols slaughtered the whole population in seven days"
1
#anakatG The garrison led by (ltegu *alik fought for three days and then asked for quarter" 'll
soldiers were put to death but the civil population! apart fro& the artisans and the young &en
required for the levy! was spared" +hojendG Ti&ur *alik! the co&&ander! fortified hi&self in an
island and then escaped to the =hwara+& 3hah after a series of heroic e)ploits!
but +hojend shared the fate of other cities and its young &en were drafted into
the hashr $levy%" ere the nu&ber of the levy is given as 64!444 while the *ongol ar&y was
@4!444"
@
#$hara an! Samar/an!
Though 3a&arqand was nearer! 5hengi+ decided to proceed first against #ukhara by way of
Darnaq and .ur" #oth cities surrendered and were treated in the usual *ongol &anner The
citadel of #ukhara was in charge of =ok =han! a *ongol who had fled fro& 5hengi+ and taken
service with the 3ultan" =ok decided to fight to the bitter end! but the citi+ens preferred to sub&it
and sent their religious representatives to invite 5hengi+ into the town
A
#ut the proble& of =ok =han and the garrison in the ark re&ained" They were fighting to sell
their lives as dear as possible and sallied forth against the *ongols both day and night" .ow the
houses of #ukhara were &ade entirely of wood! apart fro& the Ju&a &osque and a few palaces1
consequently! when 5hengi+ ordered the houses near the ark to be set on fire! the whole city was
consu&ed by the fla&es" /lti&ately the ark was captured and all soldiers were put to death"
8urther! as to the 0anqali Turks! all &ale children who stood higher than the butt of a whip! were
put to death! and &ore than thirty thousand corpses were counted! while their s&aller children
and the children of their notables and their wo&en-folk! slender as the cypress! were reduced to
slavery" 'll the civil inhabitants of #ukhara! &ale and fe&ale! were brought out to the plain of
*usalla! outside the city1 the young and the &iddle-aged! who were fit for service in the levy
against 3a&arqand were picked up! and the rest were spared" >hen 5hengi+ left the place!
#ukhara was level plain"
9
The 3ultan had thrown a garrison of 64!444 Turks and 64!444 Ta,iks into 3a&arqand and
strengthened its defence" (t was thought that 3a&arqand could stand a siege of so&e years 1
so 5hengi+ decided to subdue the country round 3a&arqand first! and when he had finished
doing so! the fate of 3a&arqand was sealed" 5hengi+ did not fight for two days after he had
encircled the city1 on the third and fourth day there was so&e fighting1 on the fifth day the civil
population sent its 0a+i and 3haikhul (sla& to offer its sub&ission" The city-ra&parts were pulled
down and ne)t day the citadel was captured between the &orning and afternoon prayers" 'bout
thirty thousand 0anqalis and Turks with so&e twenty high a&irs of the 3ultan were put to death1
but so&e fifty thousand people who& the 0a+i and the 3hikhul (sla& had taken under their
protection were left un&olested" The rest of the population was taken out and counted! while
their houses were plundered" 3o&e thirty thousand &en were selected for their crafts&anship
and an equal nu&ber for the levy
)h5ara>m
The citi+ens refused to sub&it" They opposed the *ongols in all the streets and quarters of
the town1 in every lane they engaged in battle and in every cul-de-sac they resisted stoutly""" The
greater part of the town was destroyed1 the houses with their goods and treasures were but
&ounds of earth and the *ongols despaired of benefiting fro& the stores of their wealth" >hen
the *ongols succeeded in capturing the town! which now lay in sha&bles! they drove the people
into the open1 &ore than a hundred thousand crafts&en were selected and sent to the countries
of the east1 the children and young wo&en were taken away as captives" :rder was given for the
rest to be slaughtered1 every *ongol soldier had to e)ecute twenty-four persons
6
Cam.aign *+ Ceme an! S*etai
The &ission of these two brothers was to capture the 3ultan Eof =hwara+&F alive1 in this they
failed" #ut 3ubetai succeeded in capturing Turkan =hatun and the 3ultan s haram in the
*a+endaran castle of llal along with his wa+ir! .asiruddin" >hen they were brought before
5hengi+ at Taliqan! he had .asiruddin tortured and all the &ale sons of the 3ultan put to death
Their ar&y of A4!444 was really insufficient for the conquest of the region! and very often Ie&e
and 3ubetai had to &arch separately" They resorted to &assacres wherever they could! in order
to create an at&osphere of terror in which provisions &ay be forthco&ing
6
(er&
'll the inhabitants of *erv! both &en and wo&en! were brought out! kept on the plain for four
days and nights and then ordered to be put to death" 7very *ongol soldier had to e)ecute three
to four hundred persons" :ne 3aiyyid (++uddin .asseba! along with so&e friends who had
escaped the &assacre! passed thirteen days and nights in counting such corpses as they could
easily discover" The total ca&e to one &illion and three hundred thousand $8ebruary 1@@1%" This
does not see& to be an e)aggerated figure in view of the fertility of the *erv valley" #ut people
collected in the city again and again and were repeatedly destroyed
7
Naisha.r
>hile Tului was attacking *erv! Toghachar =urgen! a son-in-law of 5hengi+! appeared before
.aishapur with an ar&y of 14!444" e was shot dead by a stray arrow and apologists for *ongol
&isdeeds have found in this a ,ustification for the co&plete destruction of .aishapur" >hile
waiting for Tului s arrival! Toghachar s ar&y withdrew to attack s&aller towns" 3ab+war $also
called #aihaq% was captured after three days of severe fighting! a general &assacre was ordered
and 74!444 corpses were counted" Two other cities! .uqan and 0ar! were also conquered and
their inhabitants slaughtered" Tului on his arrival refused to accept the sub&ission of .aishapur"
3o the battle co&&enced on >ednesday $7 'pril 1@@1% and by 3aturday the city-ra&parts were
in *ongol hands" 'll the inhabitants were brought out and slaughtered1 Toghachar s wife then
entered the city with her escort and slew those who had survived" 7ven cats and dogs were not
spared" The only inhabitants of .aishapur left alive were forty artisans! who were taken to
Turkistan on account of their skill" 8or seven days and nights water was flown into the city so that
barley &ay be sown there" (t is said in so&e histories that the dead were counted for twelve days
and that there were one &illion and forty thousand corpses! apart fro& the corpses of wo&en and
children
8
Herat
(lchikdai succeeded in reducing erat after a siege of si) &onths and seventeen days and
forced his way into the city on a 8riday &orning $'- 1@@@%" 8or seven days the *ongols
devoted the&selves e)clusively to killing! burning and destroying the buildings" ' little less than
one &illion and si) hundred thousand of the inhabitants were &artyred" (lchikdai then
proceeded against the fort of =aliwayan! but he sent back a *ongol contingent of 14!444! who
put to death about a hundred thousand *usal&ans who had collected at erat again"
9
Comman!ments of Tengiri
>e are not &entioning here the horrors heaped by alaku =han! the grandson and successor of
5hengi+! who inherited the *ongol e&pire west of the Ja)artes" e sacked &any &ore cities in
(ran! (raq and 3yria! destroyed the hideout of the assassins at 'l&ut! killed the last 'bbasid
5aliph in the &ost cruel &anner! and levelled with the ground the holy city of #aghdad which had
been the capital of (sla&do& for five hundred years" The story is far &ore blood-soaked than that
enacted by 5hengi+ =han"
8ew people! *usli& or non-*usli&! apart fro& specialists of *ongol theology and history!
suspect that 5hengi+ =han did what he did not! on his own but on orders fro& his
:ne <od who& they called Teniri or Teniri"
14
2rofessor *oha&&ad abib! who has
studied *ongolian lore on the sub,ect! su&s up the situation" 5hengi+ =han! he writes!
who sincerely believed that Il had given hi& and his fa&ily and his officers the co&&ission to
do&inate the world for all ti&e and that defiance of hi& was resistance to a clear order of Teniri!
&ust have been delighted when he heard thaTengirit he would have to face no field-force and that
the enor&ous =hwara+&ian ar&y had been divided and sealed up in the inner citadels of cities or
put on the top of inaccessible hill forts"
11
>e co&e across si&ilar senti&ents in &edieval
*usli& historians when they thank 'llah for having bottled up the indu ra,as in fortified cites or
citadels"
2rofessor abib addsG 5hengi+ =han was prepared to kill as &any *usal&ans as &ay be
necessary and! to be on the safe side! a lot &ore" (n any case! it was Teniri s order1
consequently! 5hengi+ in clear conscience was not responsible" This reign of terror through
wholesale &assacres was warning to all &ankind1 there was nothing secret about it" 5hengi+
and his successors wanted it to be advertised to the whole world" 5onsequently! the official
historians of the *ongols! like Juwayni and Bashiduddin! while ,ustifying these &assacres as due
to disobedience and revolt ! are careful in e)plaining their e)act character and
e)tent"
1@
5hengi+ =han hi&self told the *usli& &agnates of #ukhara that ( a& the
punish&ent of <od1 if you had not co&&itted great sins! <od would not have sent a punish&ent
like &e upon you"
1A
(ongol Historians &is%G%&is (slim Historians
(t &ay be pointed out that &edieval *usli& historians such as 'l-/tbi! asan .i+a&i! 'bdullah
>assaf! '&ir =husru and *uha&&ad 0asi& 8irishtah! fro& all of who& we have quoted! belong
to the sa&e blood-thirsty tribe as the *ongol historians" They wrote glowing accounts of jihAd!
not so &uch out of ad&iration for their heroes as in order to proclai& to the world the fate that
awaited those who did not worship 'llah of the 0uran" These historians also use e)pressions
such as disobedience and revolt $ sarkashi% for which 'llah was punishing the
accursed kAfirs of industan" >e do not find a trace of pity or sorrow or sy&pathy in these
historians while they dilate on stories of slaughter! pillage! plunder and the plight of wo&en and
children" :n the contrary! they derive i&&ense satisfaction fro& describing the &ost dreadful
scenes of death and devastation" Ti&ur and his lineal as well as spiritual descendant! #abur!
were convinced that they could not leave to &ere court scribes the sacred task of recording what
the sweep of their swords did in the service of 'llah" 3o they the&selves took ti&e fro& their
crowded schedules and wrote or dictated the record with considerable relish" 's one reads these
royal historians describing the scenes of bloodshed and rapine they enacted! one can al&ost see
the& licking their lips as if after a hearty &eal following upon a keen appetite"
Ho5 Chengi> )han commnicate! 5ith Tengiri
*inha,us 3ira,! the fa&ous historian who wrote in the &iddle of the thirteenth century! was in his
teens when 5hengi+ =han let loose his blood-thirsty hordes on the *usli& world" ?ater in life! he
&et persons who had seen fro& close quarters the perfor&ance of the *ongol conqueror" is
religious predisposition led *inha, to believe that so&e satans had beco&e his E5hengi+
=han sF friends"
19
#ut in spite of this strong pre,udice! he has left for posterity a faithful pen-
portrait of 5hengi+ =han receiving revelations fro& Tengiri" e writes in his Tabq't-i-.'siriG
'fter every few days he would have a fit and during his unconsciousness he would say all sorts
of things" (t was like this" >hen he had his first fit and the satans! after overpowering his &ind!
infor&ed hi& of his forthco&ing victory! he put the clothes and the cloak he was then wearing in a
sealed bag and carried it about with hi&" >henever this fit was about to overpower hi&! $he
would put on these clothes% and talk about every event! victory! ca&paign! the appearance of his
ene&ies! and the conquest of the territories he wanted" 3o&eone would write down all he said!
put $the papers% in a bag and seal the&" >hen 5hengi+ recovered consciousness! everything
was read out to hi& and he acted accordingly" <enerally! in fact always! his designs were
successful"
16
Chengi> )han s Fit com.are! 5ith (hamma! s !ahy
5hengi+ =han s fit for getting into contact with Tengiri rese&bles! rather too closely to be
&issed! the .ahy in which 'llah co&&unicated the 0uran to the prophet of (sla&" :ne
wonders what it would have read like if 5hengi+ =han or his followers had cared to co&pile in a
#ook all that Tengiri told hi& before he breathed his last in 1@@7 57 at the age of 6A" 8or all we
know! it &ight have been another version of the 0uran! at least so far as it concerns aggression
against other people s lands! cutting the heads of those who resist the aggression! plundering
their properties! destroying their dwelling places! and selling their wo&en and children into
concubinage and slavery"
Another 2ranE *t
(t is only in one respect that the 2uran revealed by Tengiri &ight have differed fro&
the 2uran revealed by 'llah" (t see&s that! quite unlike 'llah! Tengiri was not intolerant towards
revelations other than his own" 2rofessor abib writesG The *usal&ans! who& 5hengi+ =han
&urdered in such enor&ous nu&bers! were surprised at his belief in his <od and at his
undoubted tolerance in religious &atters" aving no priests of their own! the leaders of steppe
society were re&arkably tolerant to the priests of all other cults - *usli&! 5hristian! Taoist!
#uddhist they were e)pected to pray in their own way ?astly! the *ongols had no ob,ection
to inter&arriage! and even 5hengi+ =han gave one of his daughters in &arriage to a *usli&
chief! 'rsalan =han of =ayaliq"
16
'gainG (n the precincts of 3a&arqand he E5hengi+ =hanF is
said to have had discussions with two *usli& scholars and e)pressed his agree&ent with the
(sla&ic belief in 'llah and all its four rites e)cept the a," <od is everywhere! and you can find
hi& everywhere "
17
This was definitely an i&prove&ent on the decrees of 'llah who has co&&anded his faithful to go
out first for the priests and religious places of other people1 who has forbidden on pain of death
the &arriage of a *usli& to a non-*usli& unless the latter is first converted to the only true
faith ! and who has stated in so &any words his &arked partiality for the &osque at *ecca
$=a ba%"
:n the other hands! Tengiri was as particular as 'llah that the &utual relations a&ong the
*ongols should be guided by a ste& code of conduct" *inha,us 3ira, recordsG The ,ustice of
5hengi+ =han was so severe that no one e)cept the owner had the courage to pick up a whip
that had fallen by the road-side" ?ying and theft were things quite unknown in his ar&y and no
one could find any trace of the&"
18
>e are re&inded of the strict rules which 'llah has laid
down in the 0uran regarding the conduct of one *usli& towards another"
'nd that brings us to the crucial and quintessential question"
E&alation of Allah
3hould we cite only the ste& code which the *ongols observed a&ong the&selves and proclai&
that Tengiri stood for stark honesty and straight truth in hu&an relationsM 3hould we ignore or
overlook the grueso&e fate which Tengiri had decreed for the *usli&s! their lives! their honour!
their wo&en and children! their cities and their propertiesM 3hould we proclai& that Tengiri was
soðing divine and that 5hengi+ =han who carried out his co&&and&ents quite faithfully
should be hailed as a heroM
Iet that is e)actly what the votaries of 'llah do the&selves and want us to do" They cite certain
rules which 'llah had revealed regarding sharing of plunder a&ong the *usli&s or pertaining to
their participation in congregational prayers! and want us to believe that 'llah stands for social
equality and hu&an brotherhoodH 't the sa&e ti&e! we are advised not even to notice the
barbarities which 'llah wants the *usli&s to heap on the non-*usli&s" 'nd if we fail to respond
positively and try to ,udge 'llah not in ter&s of isolated Ayats but on the basis of the 0uran as a
whole! we run the risk of being run down as bigots! as lacking in respect for the religion of a sister
co&&unityH The logic which declares Tengiri to be a satan and denounces 5hengi+ =han as an
archcri&inal but which! in the sa&e breath! proclai&s 'llah as divine and hails the <ha+navis!
<huris! Ti&urs and #aburs as heroes! is! to the say the least! worse than casuistry"
The 0uran can clai& to be derived fro& a divine source only if we concede 'llah s clai& to
be divine" #ut the 0uran itself provides a&ple evidence that its 'llah is quite a questionable
character even by ordinary ethical standards! not to speak of spiritual standards" Theologians of
(sla& have got away with the plea that the 0uran has a divine source si&ply because its
'llah has not yet been sub,ected to the scrutiny he deserves on account of his role in hu&an
history" e will continue to tor&ent &ankind till he is found out for what he is! and e)orcised fro&
&inds on which he has acquired a stranglehold"
Failre in Fin!ing Ot Allah of the 2ran
5hristian scholars of (sla& have failed to nail down 'llah of the 0uran because he is the re-
incarnation! under another na&e! of Jehovah who& we &eet in the #ible" They only re,ect
*uha&&ad as a prophet and call hi& an i&postor! which is quite dishonest if we keep in &ind
the biblical prophets! particularly *oses"
The scholars of 7uropean 7nlighten&ent who were influenced by indu! 5hinese! <reek and
Bo&an traditions of spirituality and culture! have ,udged Jehovah quite correctly and identified
hi& as the &ain source of darkness which prevailed in 7urope during the *iddle 'ges" #ut they
have so far neglected 'llah of the 0uran and not weighed hi& in the sa&e balance of rationalis&!
hu&anis& and universalis& on which Jehovah was weighed and found wanting"
indus have been the worst in their neglect of 'llah of the 0uran who has plagued the& for &ore
than thirteen hundred years" indu scholars and saints have been equating hi&
with 5aramAtman! even with 5ara"rahma! without finding out! in the first place! whether 'llah of
the 0uran is at all equal to the co&parison" 's a corollary! they have been hailing the 0uran as a
divine revelation and (sla& as a dharma " They feel perple)ed only by the *usli&
behaviour pattern which does not square with the e)pectations they have built round these
eulogies" indu politicians have continued to cherish the fond belief that they can &anage the
*usli&s and draw the& into the national &ainstrea& by fawning upon the 0uran and glorifying its
'llah" #ut that 'llah has so far frustrated all their hopes"
The story of Tengiri we have cited &ay help indus in general and indu scholars! saints and
politicians in particular! to see the prototype and start having a close look at 'llah of the 0uran" (t
&ay also help the& to see the truth about revelatory or prophetic or biblical creeds" The biblical
prophets have revealed nothing divine! nothing derived fro& a supracos&ic or superhu&an
source" They have only revealed the&selves! that is! the ordinary hu&an nature which is bri&ful
of dark drives" (n fact! the ordinary &an has always been &ore honest about his ani&al
appetites" The biblical prophets! on the other hand! start by deceiving the&selves and end by
deceiving others when they dress up the sa&e appetites in pretentious language and pass the&
off as i&personal revelations"
Footnotes:
1
Mohammad )a5i5 and *ha"i; Ahmad -iCami 8ed.94 A *oprehensi6e History of
India4 -e2 e"hi4 1#7$4 7o"ume 74 The -ultanat4 Airst +eprint4 1#324 p. 7,.
2
!5id.4 pp. 7,674.
,
!5id.4 p. 74.
4
!5id.4 pp. 7467/.
/
!5id.4 p. 7/.
1
!5id.4 p. 71.
7
!5id.4 pp. 71677.
3
!5id.4 p. 77.
#
!5id.4 p. 73.
1$
!5id.4 p. /1.
11
!5id.4 P. 1#.
12
!5id.4 P. 7$.
1,
!5id.4 P. 74.
14
%ited in !5id.4 p. 13.
1/
%ited in !5id.4 P. 1#.
11
!5id.4 p. /7.
17
%ited in !5id.4 P. 31.
13
%ited in !5id.4 P. 1#.
7':
HI(ANGSH, )ISHORE S 4ETTER
8ro&G
i&angshu =ishore 5hakraborty! *"'"! $5al"%!
1@J'J9! 2ashupati #hattacharya Boad!
#ehala!
5alcutta - A9"
-ated @4th July! 1989"
To!
The 3ecretary!
-epart&ent of o&e!
<overn&ent of >est #engal!
>riters #uilding!
5alcutta - 1"
-ear 3ir!
S*: Re/est for .roscri.tion of )oran <
's you &ay be aware! the (sla&ic religious book! =oran! also spelt as 0ur an ! said to be a
collection of revelations &ade through the angel <abriel by the al&ighty 'llah to the 2rophet
*uha&&ad! containing nu&erous sayings! repeated in the book over and over again! which on
grounds of religion pro&ote dishar&ony! feeling of en&ity! hatred and ill-will between different
religious co&&unities and incite people to co&&it violence and disturb public tranquility! and
though &ost of the events which had occasioned those sayings have now lost all historical
significance! the book is still published in the unabridged for&! with persistence! and clearly with
the deliberate and &alicious intention of outraging or insulting other religions and the religious
feelings of other co&&unities in (ndia which is apparent fro& the fact that all the publishers of the
book know very well that the various sayings of the book are offensive in this sense"
3o&e of these sayings are reproduced for your ready reference in the three anne)ures enclosed
to this letter"
's the publication of the book is thus an offence punishable under 3ections 16A' and @96' of the
(ndian 2enal 5ode! each copy of the book! whether in the original 'rabic or in its translation in
/rdu! #engali! indi! 7nglish or in any other language! is liable! in ter&s of 3ection 96 of the
5ode of 5ri&inal 2rocedure! 197A! to be declared to be forfeited to the <overn&ent"
Iou are! therefore! requested to proscribe the book and! in the interest of the public at large! to do
so pro&ptly"
Iours faithfully!
3dJ-
$i&angshu =ishore 5hakraborty%
7ncloG 's stated above"
ANNEB,RE A
Sa+ings of )oran 5hich Preach Crelt+E
Incite "iolence an! Distr* P*lic Tran/ilit+
1. Srah 0: a+at 'A3<
8ight against the& until idolatry is no &ore and 'llah s religion reigns supre&e"
2. Srah @: a+at 3A<
*ake war on the& until idolatry is no &ore and 'llah s religion reigns supre&e"
,. Srah 0: a+at 0'8<
8ighting is obligatory for you! &uch as you dislike it" #ut you &ay hate a thing although it
is good for you! and love a thing although it is bad for you" 'llah knows! but you do not"
4. Srah A: a+at 6'<
>hether unar&ed or well-equipped! &arch on and fight for the cause of 'llah! with your
wealth and your persons" This will be best for you! if you but knew it!
/. Srah A: a+at '03<
#elieversH &ake war on the infidels who dwell around you" ?et the& find harshness in
you"
1. Srah 88: a+at A<
: 2rophetH &ake war on the unbelievers and the hypocrites and deal sternly with the&"
ell shall be their ho&e! evil their fate"
7. Srah A: a+at =3<
: 2rophetH *ake war on the unbelievers and the hypocrites" #e harsh with the&" Their
ulti&ate abode is ell! a hapless ,ourney s end"
3. Srah @: a+at 8;<
: 2rophetH 7)hort the believers to fight" (f there are twenty steadfast &en a&ong you!
they shall vanquish two hundred1 and if there are a hundred! they shall rout a thousand
unbelievers! for they are devoid of understanding"
#. Srah @: a+at 88<
.ow bath 'llah lightened your burden! for e knoweth that there is weakness in you" 3o
if there be of you a steadfast hundred they shall vanquish two hundred! and if there be of
you a thousand steadfast they shall vanquish two thousand by per&ission of 'llah" 'llah
is with the steadfast"
1$. Srah 6=: a+ats 6%';<
>hen you &eet the unbelievers in the battlefield strike off their heads and when you have
laid the& low! bind your captives fir&ly" Then grant the& their freedo& or take ranso&
fro& the&! until war shall lay down her ar&our" Thus shall you do" ad 'llah willed! e
could i&self have punished the& $without your help%1 but e has ordained it thus that
e &ight test you! the one by the other" 's for those who are slain in the cause of 'llah!
e will not allow their works to perish" e will vouchsafe the& guidance and ennoble
their state1 e will ad&it the& to the 2aradise e has &ade known to the&"
#elieversH if you help 'llah! 'llah will help you and &ake you strong" #ut the unbelievers
shall be consigned to perdition" e will bring their deeds to nothing" #ecause they have
opposed is revelations! e will frustrate their works 'llah is the protector of the
faithful1 unbelievers have no protector" 'llah will ad&it those who e&brace the true faith
to gardens watered by running strea&s" The unbelievers take their full of pleasure and
eat as the beasts eat1 but ell shall be their ho&e They shall abide in ell for ever and
drink scalding water which will tear their bowels"
11. Srah @: a+at '0<
( shall cast terror into the hearts of the infidels" 3trike off their heads! &ai& the& in every
li&b"
12. Srah 8A: a+ats 39%33<
>e shall say! ?ay hold of hi& and bind hi&" #u& hi& in the fire of ell! then fasten
hi& with a chain seventy cubits long" 8or he did not believe in 'llah! the *ost igh"
1,. Srah @: a+ats ';%'@<
#elieversH when you encounter the ar&ies of the infidels do not turn your backs to the&
in flight" (f anyone on that day turns his back to the&! e)cept it be for tactical reasons! or
to ,oin another band! he shall incur the wrath of 'llah and ell shall be his ho&eG an evil
fate"
(t was not you! but 'llah! who slew the&" (t was not you who s&ote the&1 'llah s&ote
the& so that e &ight richly reward the faithful" e hears all and knows all" e will
surely thwart the designs of the unbelievers"
14. Srah 0;: a+at ;0<
-o not yield to the unbelievers! but fight the& strenuously with this =oran"
1/. Srah A: a+at 3A<
(f you do not fight e will punish you sternly and replace you by other &en
11. Srah A: a+at '''<
'llah has purchased of the faithful their lives and worldly goods and in return has
pro&ised the& the <arden" They will fight for is cause! slay and be slain" 3uch is the
true pledge which e has &ade the& in the Torah! the <ospel and the =oran" 'nd who
is &ore true to is pro&ise than 'llahM Be,oice then in the bargain you have &ade" That
is the supre&e triu&ph"
17. Srah 3: a+ats '8A%'='<
Iou &ust not think that those who were slain in the cause of 'llah are dead" They are
alive! and well provided for by their ?ord1 pleased with is gifts and re,oicing that those
who& they left behind and who have not yet ,oined the& have nothing to fear or to regret1
re,oicing in 'llah s grace and bounty" 'llah will not deny the faithful their reward"
13. Srah 6: a+at '99<
e that flies his ho&eland for the cause of 'llah shall find nu&erous places of refuge in
the land and great abundance" e that leaves his dwelling to fight for 'llah and is
apostle and is then overtaken by death! shall be rewarded by 'llah" 'llah is forgiving and
&erciful"
1#. Srah 6@: a+at 0A<
*uha&&ad is 'llah s apostle" Those who follow hi& are ruthless to the unbelievers but
&erciful to one another Through the& 'llah seeks to enrage the unbelievers"
2$. Srah 6A: a+at ';<
The true believers are those that have faith in 'llah and is apostle and never doubt1 and
who fight for is cause with their wealth and persons" 3uch are those whose faith is true"
21. Srah 0: a+at ';6<
-o not say that those who were slain in the cause of 'llah are dead1 they are alive!
although you are not aware of the&"
22. Srah 3: a+ats ';=%';@<
(f you should die or be slain in the cause of 'llah! is forgiveness and is &ercy would
surely be better than all the riches they a&ass" (f you should die or be slain! before i&
you shall all be gathered"
2,. Srah @: a+ats ;A%89<
?et the unbelievers not think that they will escape /s" They have not the power to do so"
*uster against the& all the &en and cavalry at your disposal! so that you &ay strike
terror into the ene&ies of 'llah and the faithful! and others besides the&" 'll that you
give for the cause of 'llah shall be repaid you" Iou shall not be wronged"
24. Srah A: a+ats 0%3<
'llah will hu&ble the unbelievers 'llah and is apostle are free fro& obligation to
the idol-worshippers 2roclai& a woeful punish&ent to the unbelievers"
2/. Srah A: a+at 0A<
8ight against such of those to who& the 3criptures were given as believe neither in 'llah
nor the ?ast -ay! who do not forbid what 'llah and is apostle have forbidden! and do
not e&brace the true faith! until they pay tribute out of hand and are utterly subdued"
21. Srah @: a+at 8=<
(t is not for any 2rophet to have captives until he has &ade slaughter in the land
27. Srah 6: a+at @6<
3o fight for the cause of 'llah" Iou are accountable for none but yourself" Bouse the
faithful1 perchance 'llah will defeat the unbelievers" e is &ightier and &ore truculent
than they"
23. Srah 0A: a+at 8<
e that fights for 'llah s cause fights for hi&self
2#. Srah 0A: a+at 8A<
Those that fight for :ur cause >e will surely guide to our own paths" 'llah is with the
righteous"
,$. Srah 8': a+ats A%'3<
(t is e who has sent is &essenger with the guidance and the Beligion of Truth! so that
e &ay &ake it the conqueror of all religions! &uch as the idol-worshippers &ay dislike
it"
#elieversH 3hall ( point out to you a profitable course that will save you fro& a woeful
scourgeM ave faith in 'llah and is apostle and fight for is cause with your wealth and
your persons" That would be best for you! if you but knew it" e will forgive you your sins
and ad&it you to gardens watered by running strea&s1 e will lodge you in pleasant
&ansions in the gardens of 7den" That is the supre&e triu&ph"
,1. Srah A: a+at 38<
'llah ordained the &onths twelve in nu&ber when e created the eavens and the
earth" :f these four $-hi-0a ada! -hul-a,,a! *uharra& and Ba,ab% are sacred
according to the true faith" Therefore do not sin against yourselves by violating the&"
#ut you &ay fight against the idolaters in all these &onths since they the&selves fight
against you in all of the&" =now that 'llah is with the righteous"
,2. Srah A: a+at ;<
>hen the sacred &onths are over slay the idol-worshippers wherever you find the&"
'rrest the&! besiege the&! and lie in a&bush everywhere for the&" (f they repent and
take to prayer and pay the al&s-ta)! let the& go their way" 'llah is forgiving and &erciful"
,,. Srah A: a+at '6<
8ight the&H 'llah will chastise the& at your hands! and e will lay the& low and give you
victory over the&! and e will heal the breasts of folk who are believers"
,4. Srah A: a+ats 09%00<
Those that have e&braced the faith and fled their ho&es and fought for 'llah s cause
with their wealth and their persons are held in higher regard by 'llah" (t is they who shall
triu&ph" Their ?ord has pro&ised the& ,oy and &ercy! and gardens of eternal pleasures
where they shall dwell for ever" 'llah s reward is great indeed"
,/. Srah 6: a+ats A;%A8<
The believers who stay at ho&e - apart fro& those that suffer fro& a grave i&pedi&ent -
are not equal to those -who fight for the cause of 'llah with their goods and their
persons" 'llah has given those that fight with their goods and their persons a higher rank
than those who stay at ho&e" e has pro&ised all a good rewardG but far richer is the
reco&pense of those who fight for i&G rank of is own bestowal! forgiveness! and
&ercy" 'llah is forgiving and &erciful"
,1. Srah @: a+ats =0%=6<
Those that have e&braced the faith and fled their ho&es! fought for the cause of 'llah
with their wealth and their persons1 and those that sheltered the& and helped the&! shall
be friends to each other they are the true believers" They shall receive &ercy and
generous provision"
,7. Srah 3: a+at '60<
-id you suppose that you would enter 2aradise before 'llah has proved the &en who
fought for i& and endured with fortitudeM
ANNEB,RE #
Sa+ings of )oran 5hich PromoteE on Gron!s of ReligionE
Feeling of Enmit+E Hatre! an! Ill%-ill *et5een !ifferent
Religios Commnities in In!ia
1. Srah 6: a+at '9'<
(t is not offence for you to shorten your prayers when travelling the road if you fear that
the unbelievers &ay attack you" The unbelievers are your sworn ene&ies"
2. Srah 89: a+at 6<
>e renounce you $i"e" the idolaters%G en&ity and hate shall reign between us until you
believe in 'llah only
,. Srah ;@: a+at 03<
Iou shall find no believers in 'llah and the ?ast -ay on friendly ter&s with those who
oppose 'llah and is apostle! even though they be their fathers! their sons! their
brothers! or their nearest kindred"""
4. Srah A: a+at =<
'llah and is apostle repose no trust in idolaters
/. Srah @: a+ats '3%'6<
Thus >e punished the& because they defied 'llah and is apostle" e that defies 'llah
and is apostle shall be sternly punished" >e said to the&! 8eel :ur scourge" ell-
fire awaits the unbelievers"
1. Srah @: a+at ;;<
The basest creatures in the sight of 'llah are the faithless who will not believe
7. Srah 0;: a+at ;;<
Iet the unbelievers worship idols which can neither help nor har& the&" 3urely the
unbeliever is his ?ord s ene&y"
3. Srah ;: a+at =0<
e that worships other <ods besides 'llah shall be forbidden 2aradise and shall be
cast into the fire of ell" .one shall help the evil-doers"
#. Srah A: a+at 03<
#elieversH do not befriend your fathers or your brothers if they choose unbelief in
preference to faith" >rong-doers are those that befriend the&"
1$. Srah A: a+at 0@<
#elieversH know that the idolaters are unclean"""
11. Srah 3: a+at 0@<
?et believers not &ake friends with infidels in preference to the faithful1 he that does this
has nothing to hope for fro& 'llah - e)cept in self-defence" 'llah ad&onishes you to fear
i&1 for to i& you shall all return"
12. Srah 3: a+at ''@<
#elieversH do not &ake friends with any &en other than your own people" They will spare
no pains to corrupt you" They desire nothing but your ruin" Their hatred is clear fro&
what they say! but &ore violent is the hatred which their breasts conceal
1,. Srah 6 a+at '66<
#elieversH do not choose the infidels rather than the faithful for your friends" >ould you
give 'llah a clear proof against yourselvesM
14. Srah ;: a+at '6<
Therefore! >e stirred a&ong the& $i"e" the 5hristians% en&ity and hatred! which shall
endure till the -ay of Besurrection! when 'llah will declare to the& all that they have
done"
1/. Srah ;: a+at 86<
That which 'llah has revealed to you will surely increase the wickedness and unbelief
of &any of the& $i"e" the Jews%" >e have stirred a&ong the& $i"e" the Jews% en&ity and
hatred! which will endure till the -ay of Besurrection"""
11. Srah ;: a+at '@<
The Jews and the 5hristians say! >e are the children of 'llah and is loved ones"
3ayG >hy then does e punish you for your sinsM
17. Srah ;: a+at ;'<
#elieversH take neither Jews nor 5hristians for your friends" They are friends with one
another" >hoever of you seeks their friendship shall beco&e one of their nu&ber" 'llah
does not guide the wrong-doers"
ANNEB,RE C
Sa+ings of )oran 5hich Inslt other Religions as also the
Religios #eliefs of other Commnities in In!ia
1. Srah ;: a+at '=<
/nbelievers are those who declareG 'llah is the *essiah $i"e" 5hrist%! the son of
*ary" 3ayG >ho could prevent 'llah fro& destroying the *essiah $i"e" 5hrist%! the
son of *ary! together with his &other and all the people of the earthM
2. Srah 6: a+at ';=<
They denied the truth and uttered a &onstrous falsehood against *ary" They declaredG
>e have put to death the *essiah Jesus! the son of *ary! the apostle of 'llah" They
did not kill hi&! nor did they crucify hi&! but they thought they did"
,. Srah ;: a+ats ''8%''@<
Then 'llah will say! Jesus! son of *ary! did you ever say to &ankindG >orship &e
and &y &other as <ods beside 'llahM <lory to Iou! he will answer! how could (
say that to which ( have no rightM (f ( had ever said so! Iou would have surely known it"
Iou know what is in &y &ind! but ( cannot tell what is in Iours" Iou alone know what is
hidden" ( spoke to the& of nothing e)cept what Iou bade &e" ( said! 3erve 'llah! &y
?ord and your ?ord" ( watched over the& whilst living in their &idst! and ever since Iou
took &e to Iou! Iou Iourself have been watching over the&" Iou are the witness of all
things" They are Iour own bonds&enG it is for Iou to punish or to forgive the&" Iou are
the *ighty! the >ise one"
4. Srah A@: a+at 8<
The unbelievers a&ong the people of the #ook $i"e" 5hristians and Jews% and the pagans
shall bu& for ever in the fire of ell" They are the vilest of all creatures"
/. Srah 8@: a+ats @%'3<
<ive no heed to the disbelieversG they desire you to overlook their doings that they &ay
overlook yours" .or yield to the wretch of &any oaths! the &ischief-&aking slanderer!
the opponent of good! the wicked transgressor! the bully who is of doubtful birth to boot"
1. Srah 3@: a+ats ;;%;=<
#ut doleful shall be the return of the transgressors" They shall bu& in the fire of ell! a
dis&al resting-place" There let the& taste their drinkG scalding water! festering blood and
other putrid things"
7. Srah 00: a+ats 'A%0'<
<ar&ents of fire have been prepared for unbelievers" 3calding water shall be poured
upon their heads! &elting their skins and that which is in their bellies" They shall be
lashed with red iron"
3. Srah 00: a+ats ;8%;=<
Those that have e&braced the true faith and done good works shall enter the gardens
of delight! but the unbelievers who have denied :ur revelations shall receive an
igno&inious punish&ent"
#. Srah ;: a+ats 38<
's for the unbelievers! if they offered all that the earth contains and as &uch besides to
redee& the&selves fro& the tor&ent of the -ay of Besurrection it shall not be accepted
fro& the&" Theirs shall be a woeful punish&ent"
1$. Srah ';: a+ats 0<
The day will surely co&e when the unbelievers will wish that they were *usli&s"
11. Srah =0: a+ats '6%';<
3o&e of us are *usli&s and so&e are wrong-doers" Those that e&brace (sla& pursue
the right path1 but those that do wrong $of not e&bracing (sla&% shall beco&e the fuel of
fire"
12. Srah 6': a+at 33<
'nd who speaks better than he who calls others to the service of 'llah! does what is
right! and saysG ( a& a *usli&M
1,. Srah: 6 a+at '0;<
'nd who has a nobler religion than the &an who surrenders hi&self to 'llahM
14. Srah 0;: a+ats 0=%0A<
:n that day the wrong-doer will bite his hands and say! >ould that ( had walked in the
'postle s path" :h! would that ( had never chosen so-and-so for &y co&panionG (t was
he that &ade &e disbelieve in 'llah s warning after it had reached &e" 3atan is ever
treacherous to &an"
1/. Srah 08: a+ats A8%AA<
#y 'llah ! they will say to their idols! as they contend with the&! we erred indeed
when we &ade you equals with the ?ord of the 5reation" (t was the evil-doers who led us
astray"
11. Srah 3: a+at @;<
e that chooses a religion other than (sla&! it will not be accepted fro& hi& and in the
world to co&e he will be one of the lost"
17. Srah @: a+at 3@<
Tell the unbelievers that if they &end their ways $i"e" e&brace (sla&% their past shall be
forgivenG but if they persist in sin $i"e" idol-worshipping% let the& reflect upon the fate of
their forefathers"
13. Srah 3': a+at '3<
?uq&an ad&onished his son" *y son ! he said! serve no other <od instead of
'llah! for idolatry is an abo&inable sin"
1#. Srah 0A: a+ats 6'%60<
The false <ods which the idolaters serve besides 'llah &ay be co&pared to the
spider s cobweb" 3urely! the spider s is the frailest of all dwellings! if they but know it"
'llah knows what they invoke besides i&1 e is the *ighty! the >ise one"
2$. Srah 3=: a+ats 00%0;<
#ut >e shall sayG 5all the sinners! their wives! and the idols which they worshipped
besides 'llah and lead the& to the path of ell" =eep the& there for questioning - #ut
what has co&e over you that you cannot help one anotherM
21. Srah 3=: a+ats 08%30<
:n that day they will all sub&it to 'llah" They will reproach each other! sayingG Iou
have i&posed upon us" (t was you who would not be believers" >e had no power over
you1 you were sinners all" Just is the verdict which our ?ord has passed upon us! we
shall surely taste is punish&ent" >e &isled you! but we ourselves have been &isled"
22. Srah 0;: a+ats '=%'A<
:n that day when e asse&bles the& with all their idols! e will sayG >as it you who
&isled *y servants! or did they wilfully go astrayM They will answerG 'llah forbid that
we should choose other guardians besides Iou" Iou gave the& and their fathers the
good things of life! so that they forgot Iour warnings and thus incurred destruction"
Then to the idolaters 'llah will sayG Iour idols have denied your charges" They cannot
avert your doo&! nor can they help you" Those of you who have done wrong shall be
sternly punished"
2,. Srah =: a+at '=3<
:ur forefathers were indeed! idolaters1 but will Iou destroy us! their descendants! on
account of what the followers of falsehood didM
24. Srah 0': a+ats 88%8=<
e $'braha&% answeredG >ould you then worship that! instead of 'llah! which can
neither help nor har& youM 3ha&e on you and on your idolsG ave you no senseM
2/. Srah 0': a+ats A@%'99<
Iou and all your idols shall be the fuel of ellG therein you shall all go down" >ere they
true <ods! yours idols would not go thereG but in it they shall abide for ever" They shall
groan with pain and be bereft of hearing"
21. Srah '8: a+ats 09%0'<
#ut the false <ods which infidels invoke create nothingG they are the&selves created"
They are dead! not living! nor do they know when they will be raised to life"
27. Srah 8: a+ats 00%03<
:n that day when >e gather the& all together >e shall say to the idolatersG >here are
your idols now! those who& you supposed to be your <odsM They will not argue! but
will sayG #y 'llah! our ?ord! we have never worshipped idols"
23. Srah 8: a+ats 69%6'<
3ayG >hen 'llah s scourge s&ites you and the our of -oo& suddenly overtakes
you! will you call on any but 'llah to help youM 'nswer &e! if you are &en of truthG .o!
on i& alone you will call1 and if e please! e will relieve your affliction" Then you will
forget your idols"
2#. Srah 8: a+at '6@:
The idolaters will sayG ad 'llah pleased neither we nor our fathers would have
served other <ods besides i&"
,$. Srah 0: a+at 00'<
Iou shall not wed pagan wo&en! unless they e&brace the faith" ' believing slave-girl is
better than an idolatress! although she &ay please you" .or shall you wed idolaters
unless they e&brace the faith" ' believing slave is better than an idolater! although he
&ay please you" These call you to ell-fire! but 'llah calls you! by is will! to paradise
and to forgiveness" e &akes plain is revelations to &ankind! so that they &ay take
heed"
,1. Srah 06: a+at 3<
The adulterer &ay &arry only an adulteress or an idolatress1 and adulteress &ay &arry
only an adulterer or an idolater" True believers are forbidden such &arriages"
70:
HI(ANGSH, )ISHORE S RE(INDER
8ro&G
i&angshu =ishore 5hakraborty! *"'"!$5al"%!
1@J'J9! 2ashupati #hattacharya Boad!
#ehala!
5alcutta - A9"
19th 'ugust! 1989"
To
The 3ecretary!
-epart&ent of o&e!
<overn&ent of >est #engal! >riters #uilding!
5alcutta - 1"
-ear 3ir!
S*: Re/est for .roscri.tion of )oran <
2lease refer to &y letter dated @4th July! 1989! $delivered in your office on the sa&e date% in
which ( had &ade a request for forfeiture of the (sla&ic book! =oran! for the reason that it
contains nu&erous sayings of 2rophet *uha&&ad which on ground of religion pro&ote
dishar&ony! feeling of en&ity! hatred and ill-will between different religious co&&unities1 incite
people to co&&it violence and disturb public tranquility and outrage or insult other religions and
the religious feelings of other co&&unities in (ndia! which render the book liable to be forfeited to
the <overn&ent in ter&s of 3ection 96 of the 5ode of 5ri&inal 2rocedure! 197A! read with
3ections 16A' and @96' of the (ndian 2enal 5ode"
( had also enclosed so&e three anne)ures to &y said letter wherein ( had reproduced so&e of
those sayings of the book"
3ince you do not see& to have given due consideration to &y letter! ( would request you! once
again! to attend to this &atter early"
' copy of &y said letter dated @4th July! 1989! is enclosed for your ready reference"
Iours faithfully!
3dJ-
$i&angshu =ishore 5hakraborty%
7ncloG 's above"
73:
NOTICE FRO( CHAND(A4 CHOPRA
8ro&G
5"*" 5hopra"
@6! #urtolla 3treet!
5alcutta - 7"
16th *arch! 1986"
To
The 3ecretary!
-epart&ent of o&e!
<overn&ent of >est #engal!
>riters #uilding!
5alcutta - 1"
-ear 3ir!
S*: The Islamic *oo$ % )oran % forfeitre of % re/est for
(n ter&s of 3ection 96 5r" 2"5" read with 3ections 16A' and @96' ("2"5" every copy of a book is
liable to be forfeited to the <overn&ent if the book contains words or sayings which pro&ote! on
ground of religion! dishar&ony! en&ity! hatred or ill-will between different religious co&&unities or
which outrage the religious feelings of any class of citi+ens of (ndia or insult the religion or
religious beliefs of that class of people" This is so whether the book is classic or epic! religious or
te&poral! old or new"
.ow the (sla&ic religious book! =oran $or 0ur an%! which is available throughout (ndia! whether
in the original 'rabic or in its translations in /rdu! #engali! indi! 7nglish or any other language!
is blatantly guilty of each one of the above offences and thus squarely deserves to be declared
forfeited to the <overn&ent in ter&s of the above provisions of law"
8or e)a&ple! the =oran incites violence by saying! #elieversH &ake war on the infidels who
dwell around you" ?et the& find harshness in you $3urah 9G ayat 1@A% or by saying! -o not
yield to the unbelievers! but fight the& strenuously with this =oran $3urah @6G ayat 6@% or by
saying! (f you do not fight e will punish you sternly and replace you by other &en $3urah 9G
ayat A9% or by saying! >hen the sacred &onths are over! slay the idol-worshippers! wherever
you find the&" 'rrest the&! besiege the& and lie in a&bush everywhere for the& $3urah 9G
ayat 6%"
3i&ilarly this book pro&otes religious en&ity! hatred and ill-will when it says! #elieversH know
that idolaters are unclean $3urah 9G ayat @8% or when it says! Therefore >e stirred a&ong
the&! i"e" the 5hristians! en&ity and hatred which shall endure till the -ay of Besurrection
$3urah 6G ayat 19% or when it says! #elieversH take neither Jews nor 5hristians for your friends"
They are friends with one another" >hoever of you seeks their friendship shall beco&e one of
their nu&ber" 'llah does not guide the wrong-doers $3urah 6G ayat 61%"
The above are but a few e)a&ples" 'ctually! the =oran abounds! or overflows with such offensive
sayings! so&e &ore of which were set out in so&e three anne)ures to the letter dated @4th July!
1989! addressed to you in this behalf by a fellow citi+en! 3ri i&angshu =ishore 5hakraborty!
*"'"! $5al"% of 1@J'J9! 2ashupati #hattacharya! Boad! #ehala! 5alcutta - A9"
(t is a &atter of regret that inspite of being a blatantly offensive book! the book is still being widely
circulated and has not been declared as forfeited to the <overn&ent by you inspite of *r"
5hakraborty s request in the said letter dated @4th July! 1989 and his re&inder dated 19th
'ugust! 1989"
.ow you are finally requested to take necessary steps in this behalf within 7 days of the receipt
hereof! failing which such legal steps will be taken as &ay be advised to us" This &ay please be
treated as notice de&anding ,ustice"
Iours faithfully!
3dJ-
$5"*" 5hopra%
76:
THE -RIT APP4ICATION
(ATTER NO< 00= OF 'A@;
IN THE HIGH CO,RT AT CA4C,TTA<
Constittion -rit Jris!iction<
$:B(<(.'? 3(-7%
In the (atter of
'n application /nder 'rticle @@6 of the 5onstitution of (ndia and >rits! directions and orders
thereunder"
A,)
In the (atter of
3ection 96 of the 5ode of 5ri&inal
2rocedure! 197A"
A,)
In the (atter of
3ections 16A' and @96' (ndian 2enal
5ode"
A,)
In the (atter of
The =oran! an (sla&ic book! published and sold in (ndia in the original 'rabic and in its
translations in /rdu! #engali! indi! 7nglish! etc"
A,)
In the (atter of
1" 5hand&al 5hopra! son of late Tika& 5hand 5hopra! aged 6A! at present residing at @6!
#urtolla 3treet! 5alcutta - 7! and
@" 3ital 3ingh! son of late ?al 3ingh at present residing at .o" 1! *unshi 3adruddin ?ane!
5alcutta - 7"
%PETITIONERS
"erss
The 3tate of >est #engal! represented by the 3ecretary! -epart&ent of o&e! <overn&ent of
>est #engal! having his office at >riters #uilding! 5alcutta - 1"
%RESPONDENT<
To
The on ble *r" Tarun =u&ar #asu! the 'cting 5hief Justice and is 5o&panion Justices of the
said on ble 5ourt"
The hu&ble petition of the petitioners abovena&ed &ost respectfully
S H E - E T H :
1" The petitioners are the citi+ens of (ndia and are engaged in various types of social work"
@" The respondent is a public authority having in ter&s of 3ection 96 5ri&inal 2rocedure 5ode!
197A! read with 3ections 16A' and @96' (ndian 2enal 5ode! a public duty to forfeit to the
<overn&ent every copy of a book which incites violence! disturbs public tranquility! pro&otes! on
ground of religion! feelings of en&ity! hatred and ill-will between different religious co&&unities
and insults other religions or religious beliefs of other co&&unities in (ndia"
A" The =oran! also spelt as 0ur an ! the so-called religious book of the *usli&s the world
over! written originally in the 'rabic and available throughout (ndia in the original 'rabic or in its
translation in /rdu! #engali! indi! 7nglish! etc"! is e) facie guilty of each one of the above
offences"
9" 8or e)a&ple! in 3urah 9! ayat 6! the book says! >hen the sacred &onths are over! slay the
idolaters wherever you find the&" 'rrest the&! besiege the& and lie in a&bush everywhere for
the&"
(n 3urah 98! ayat @9! it says! *uha&&ad is 'llah s apostle" Those who follow hi& are
ruthless to the unbelievers but &erciful to one another Through the& 'llah seeks to enrage the
unbelievers"
(n surah 99! ayat 16! it says! The true believers are those who have faith in 'llah and is
apostle and never doubt1 and who fight for is cause with their wealth and persons"
(n surah 8! ayat A9! it says! *ake war on the& $idol-worshippers% until idolatry is no &ore and
'llah s religion reigns supre&e"
(n surah @! ayat 19A! it again says! 8ight against the& until idolatry is no &ore and 'llah s
religion reigns supre&e"
(n surah @! ayat @16! it has &ade fighting obligatory for every *usli&" (n surah 9! ayat 91! it
e)horts *usli&s to &arch on and fight for the cause of 'llah ! whether unar&ed or well-
equipped"
(n surah 9! ayat 1@A! e)horting *usli&s to &ake war on infidels 16 who dwell around you ! it
says! ?et the& find harshness in you"
(n surah 66! ayat 9! an e)hortation is given to the prophet to &ake war on the unbelievers and
deal sternly with the&"
(n surah 9! ayat 7A! it again e)horts the prophet to &ake war on the unbelievers and to be
harsh with the&"
(n surah 8! ayat 66! it asks the prophet to e)hort the *usli&s to fight! saying! (f there are twenty
steadfast &en a&ong you! they shall rout a thousand unbelievers" *ore or less the sa&e thing
is repeated in ayat 66 of the sa&e surah 8"
(n surah 97! ayats 9 to 16! the =oran calls upon the *usli&s to strike off the heads of the
non-*usli&s when the two &eet in the battlefield! without &inding risking their own lives! for if
any of the& are killed fighting in the na&e of 'llah they are assured of ad&ission in the paradise"
(n surah 8! ayat 1@! the =oran e)horts the *usli&s to strike off the heads of the non-*usli&s
and to &ai& the& in every li&b"
(n surah 69! ayats A4 to A7! the *usli&s are asked to capture non-*usli&s and bu& the& in hell-
fire after fastening the& with chains"
(n surah 8! ayats 16 to 18! the *usli&s are e)horted not to run away while fighting the non-
*usli&s and thus incur the wrath of 'llah"
(n surah @6! ayat 6@! the *usli&s are e)horted not to yield to the non-*usli&s but to fight the&
strenuously! while according to surah 9! ayat A9! if anybody does not fight! he will be punished by
'llah sternly"
(n surah 9! ayat 111! the =oran e)horts the *usli&s to kill and be killed because! it says that 'llah
in e)change of pro&ise of heavenly garden has already purchased the lives and the worldly
belongings of the *usli&s"
(n surah A! ayats 167 and 168 a believer is told that if he is killed while fighting the unbelievers! he
will get 'llah s &ercy all the &ore"
(n surah 8! ayats 69 and 64! the believers are told to &uster all the &en and the entire cavalry
against the unbelievers so that it &ay strike terror into non-believers"
(n surah 9! ayats @ and A! the believers are e)horted to proclai& a woeful punish&ent to the
unbelievers"
(n surah 9! ayat @9! the *usli&s are e)horted to fight the 5hristians and the Jews until they
e&brace the true faith! that is! (sla&"
(n surah 9! ayat 66! it is stated that the prophet does not take people captives1 he si&ply kills
the&"
(n surah 9! ayat 89! the believers are roused to fight" (n surah @9! ayat 6! it says! e that fights
for 'llah s cause fights for hi&self"
(n surah 9! ayat 19! it e)horts the believers to fight the&" 'llah will chastise the& at your
hands! and e will lay the& low and give you victory over the&
(n surah 9! ayats @4 and @1! the believers are assured that those that have e&braced the faith
and fled their ho&es and fought for 'llah s cause with their wealth and their persons are held in
higher regard by 'llah" (t is they who shall triu&ph" Their ?ord has pro&ised the& ,oy and
&ercy! and gardens of eternal pleasure where they shall dwell for ever"
(n surah A! ayat 19@! a dangerous state&ent is &ade in the interrogative! -id you suppose that
you would enter paradise before 'llah has proved the &en who fought for hi& and endured with
fortitudeM
6" The book pro&otes religious en&ity! hatred and ill-will between different religious co&&unities
in (ndia"
8or e)a&ple! in surah 64! ayat 9! it says! >e renounce you $i"e" idol-worshippers%1 en&ity and
hate shall reign between us until you believe in 'llah only"
(n surah 68! ayat @@! it says! Iou shall find no believers in 'llah and the ?ast -ay on friendly
ter&s with those who oppose 'llah and is apostle! even though they &ay be their fathers! their
sons! their brothers! or their nearest kindred"
(n surah 9! ayat @A! it says #elieversH do not befriend your fathers or your brothers! if they
choose unbelief in preference to faith" >rong-doers are those that befriend the&"
(n surah A! ayat @8! it says! ?et believers not &ake friends with infidels in preference to the
faithful1 he that does this has nothing to hope for fro& 'llah"
(n surah A! ayat 118! it says! #elieversH do not &ake friends with any &en other than your own
people"
(n surah 9! ayat 199! it says! #elieversH do not choose the infidels rather than the faithful for
your friends" >ould you give 'llah a clear proof against yourselfM
(n surah 9! ayat 7! it says! 'llah and is apostle repose no trust in idolaters" (n surah 8! ayat
66! (t says! The basest creatures in the sight of 'llah are the faithless who will not believe"
(n surah @6! ayat 66! it says! Iet the unbelievers worship idols which can neither help nor har&
the&" 3urely the unbeliever is his ?ord s ene&y"
(n surah 6! ayat 7@! it says! e that worships other <ods besides 'llah shall be forbidden
2aradise and shall be cast into the fire of ell" .one shall help the evil-doers"
(n surah 9! ayat @8! it says! #elieversH know that the idolaters are unclean"
(n surah 6! ayat 19! it says! Therefore! we stirred a&ong the& $i"e" the 5hristians% en&ity and
hatred! which shall endure till the -ay of Besurrection
(n surah 6! ayat 69! it says! That which 'llah has revealed to you will surely increase the
wickedness and unbelief of &any of the& $i"e" the Jews%" >e have stirred a&ong the&! $i"e" the
5hristians% en&ity and hatred! which shall endure till the -ay of Besurrection
(n surah 6! ayat 18! it says" The Jews and the 5hristians say! >e are the children of 'llah
and is loved ones" 3ay! >hy then does e punish you for your sins M
(n surah 6! ayat 61! it says! #elieversH take neither Jews nor 5hristians for your friends" They
are friends with one another" >hoever of you seeks their friendship shall beco&e one of their
&e&bers" 'llah does not guide the wrong-doers"
6" The book insults other religions or religious beliefs of other co&&unities in (ndia"
8or e)a&ple! in surah 6 ayat 17! it says! /nbelievers are those who declare! 'llah is the
*essiah $i"e" the 5hrist%! the son of *ary" 3ay! >ho could prevent 'llah fro& destroying the
*essiah! the son of *ary! together with his &other and all the people of the earth M
(n surah 9! ayat 167! it says! They denied the truth and uttered a &onstrous falsehood against
*ary" They declared! >e have put to death the *essiah Jesus! the son of *ary! the apostle of
'llah" They did not kill hi& nor did they crucify hi& but they thought they did"
(n surah 98! ayat 6! it says! *e unbelievers a&ong the people of the #ook $i"e" the 5hristians
and the Jews% and the pagans shall bu& for ever in the fire of ell" They are the vilest of all
creatures"
(n surah 68! ayats 14 to 1A! it says! <ive no heed to the disbelievers1 they desire you to
overlook their doings that they &ay overlook yours" .or yield to the wretch of &any oaths! the
&ischief-&aking slanderer! the opponent of good! the wicked transgressor! the bully who is of
doubtful birth to boot"
(n surah @@! ayats 19 to @@! it says" <ar&ents of fire have been prepared for unbelievers"
3calding water shall be poured upon their heads! &elting their skins and that which is in their
bellies" They shall be lashed with rods of iron"
(n surah @@! ayats 66 and 67! it says! Those that have e&braced the true faith and done good
work shall enter the gardens of delight! but the unbelievers who have denied :ur revelations shall
receive an igno&inious punish&ent"
(n surah 6! ayats A6 and A7! it says! 's for the unbelievers! if they offered all that the earth
contains and as &uch besides to redee& the&selves fro& the tor&ent of the -ay of
Besurrection! it shall not be accepted fro& the&" Theirs shall be a woeful punish&ent"
(n surah 16! ayat @! it says! The day will surely co&e when the unbelievers will wish that they
were *usli&s"
(n surah 7@! ayats 19 and 16! it says! 3o&e of us are *usli&s and so&e are wrong-doers"
Those that e&brace (sla& pursue the right path! but those that do wrong shall beco&e the fuel of
fire"
(n surah 91! ayat AA! it says" 'nd who speaks better than he who calls others to the service of
'llah! does what is right! and says! ( a& a *usli& M
(n surah 9! ayat 1@6! it says! 'nd who has a nobler religion than the one who surrenders
hi&self to 'llahM
(n surah A! ayat 86! it says! e that chooses a religion other than (sla&! it will not be accepted
fro& hi& and in the world to co&e! he will be one of the last"
(n surah 8! ayat A8! it says! Tell the unbelievers that if they &end their ways $i"e" e&brace
(sla&% their past will be forgiven but if they persist in sin $i"e" idol-worshipping% let the& reflect
upon the fate of their forefathers"
(n surah A1! ayat 1A! it says! ?uq&an ad&onished his son" *y son ! he said! serve no
other <od instead of 'llah! for idolatry is an abo&inable sin "
(n surah @9! ayat 91! it says! The false <ods which the idolaters serve besides 'llah &ay be
co&pared to the spider s cobweb" 3urely the spider s is the frailest of all dwellings if they but
know it"
(n surah A7! ayats @@ to @6! it says! #ut >e shall say! 5all the sinners! their wives and the
idols which they worshipped besides 'llah! and lead the& to the path of ell" =eep the& there
for questioning - #ut what has co&e over you that you cannot help one another M
(n surah 7! ayat 17A! it &akes the *usli&s say! :ur forefathers were indeed idol-worshippers!
but will you destroy us! their descendants! on account of what the followers of falsehood didM
(n surah @1! ayats 66 and 67! it says! e answered! >ould you then worship that! instead of
'llah! which can neither help nor har& youM 3ha&e on you and on your idolsH ave you no
senseM
(n surah @1! ayats 98 to 144! it says! Iou and all your idols shall be the fuel of ell1 therein you
shall all go down" >ere they true <ods! your idols would not go there1 but in it they shall abide
for ever" They shall groan with pain and be bereft of hearing"
(n surah 6! ayats @@ and @A! it says" :n that day when >e gather the& all together! >e shall
say to the idolatersG >here are your idols now! those who& you supposed to be your <odsM
They will not argue! but will say! #y 'llah! our ?ord! we have never worshipped idols "
(n surah 6! ayats 94 and 91! it &akes the believers say! 3ay! >hen 'llah s scourge s&ites
you and the our of -oo& suddenly overtakes you! will you call on any but 'llah to help youM
'nswer &e! if you are &en of truth" .o! on i& alone you will call! and if e pleases! e will
relieve your affliction" Then you will forget your idols "
(n surah 6! ayat 199 it says! The idolaters will say! ad 'llah pleased! neither we nor our
fathers would have served other <ods besides i& "
(n surah @! ayat @@1! it says! Iou shall not wed pagan wo&en! unless they e&brace the faith" '
believing slave-girl is better than an idolatress! although she &ay please you" .or shall you wed
idolaters! unless they e&brace the faith" ' believing slave is better than an idolater! although he
&ay please you" These call you to ell-fire! but 'llah calls you! by is will! to 2aradise and to
forgiveness"
(n surah @9! ayat A! it says! The adulterer &ay &arry only an adulteress or an idolatress! and
the adulteress &ay &arry an adulterer or an idolater"
(n surah 6! ayats 116 to 118! there is given this i&aginary dialogue between 'llah and Jesus
5hrist! which is highly insulting to the 5hristiansG Then 'llah will say! Jesus! son of *ary! did
you ever say to &ankind! worship &e and &y &other as <ods besides 'llahM <lory to
Iou! he will answer! ow could ( say that to which ( have no rightM (f ( had ever said so! Iou
would have surely known it" Iou know what is in &y &ind! but ( cannot tell what is in Iours" Iou
alone know what is hidden" ( spoke to the& of nothing e)cept what Iou bade &e" ( say! 3erve
'llah! &y ?ord and your ?ord" ( watched over the& whilst living in their &idst! and ever since Iou
took &e to Iou! Iou Iourself have been watching over the&" Iou are the witness of all things"
They are Iour own bonds&en" (t is for Iou to punish or to forgive the&" Iou are the *ighty! the
>ise one "
(n surah @6! ayats 17 to 19! there is given another i&aginary conversation! this ti&e between
'llah! the idols and the idol-worshippers! which is highly insulting to 5hristians! #uddhists!
indus! etc" :n the day when e asse&bles the& with all their idols! e will sayG >as it you
who &isled *y servants! or did they wilfully go astrayM They will answerG 'llah forbid that we
should choose other guardians besides Iou" Iou gave the& and their fathers the good things of
life! so that they forgot Iour warnings and thus incurred destruction" Then to the idolaters 'llah
will sayG Iour idols have denied your charges" They cannot avert your doo&! nor can they help
you" Those of you who have done wrong shall be sternly punished "
7" >hile the =oran abounds with saying which incite violence! insult the religious beliefs of other
co&&unities and even e)hort the *usli&s to kill and &urder non-*usli&s! the proble& is
aggravated by yet another fact which has been true in the past and is universally true in our own
ti&es that unlike other co&&unities *usli&s are! and even fresh converts tend to beco&e! highly
orthodo) people and follow the sayings of the book with a fanatical +eal with the result that
whichever country has their si+able nu&ber a&ongst its population can never have peace on its
soil" The e)a&ples of co&&unal strifes and conflicts in &ost 7uropean states have not yet
passed into history" >hat is happening in ?ebanon is very &uch in our perception" 'n e)a&ple
of orthodo)y is 2akistan whose indu population has been obliterated through &urder or through
forcible conversion" 7ven 'h&ediyas are being persecuted there because they regard *ir+a
<hula& 'h&ed $18A9-1948 '-%! the founder of their religion! as another prophet along with
*uha&&ad which is contrary to =oran because according to the =oran *uha&&ad is the last
prophet" #aha i religion! even though a *usli& sect and founded by #aha-ul-lah in (ran in the
nineteenth century and which has so&e one &illion followers in (ndia along with so&e 944!444 in
(ran! has been banned in (ndonesia on the ground that it stresses &en s spiritual unity! which is
unconfor&able with =oranic preachings" (n (ran! #aha is are being sub,ected to worst
persecution1 &any have been e)ecuted! &any &ore ,ailed without trial" 7ven #aha i students
have been e)pelled fro& schools and colleges in (ran" 'nother e)a&ple of orthodo)y or religious
intolerance is furnished by (ran and (raq! both *usli& countries but both of which are out to fight
tooth and nail with each other because one happens to be a 3hia nation while the other a 3unni
nation" (n our country! violent conflict resulting in nu&erous deaths between 3hias and 3unnis is
al&ost an annual ritual" 'nother e)a&ple of religious fanaticis& is provided by the fact that the
*usli& countries the world over have ganged up together to crush (srael! because it happens to
be a Jewish state and as already stated in para 6 above! the =oran &akes &ost uncharitable
re&arks about the Jews"
8" The offending e)pressions contained in the =oran and quoted in paragraphs 9! 6 and 6 above
are not so offensive in their translation in which they are so quoted as they are in the original
verses in 'rabic or in /rdu! the very sound of whose ini&itable sy&phony not only sends the
*usli&s to tears and ecstasy but arouses in the& the worst co&&unal passions and religious
fanaticis& which have &anifested the&selves in &urder! slaughter! loot! arson! rape and
destruction or desecration of holy places in historical ti&es as also in conte&porary period not
only in (ndia but al&ost all over the world"
9" (n this way! the publication of the =oran in the original 'rabic as well as in its translations in
various languages including /rdu! indi! #engali! 7nglish! etc"! a&ounts to co&&ission of
offences punishable uJs 16A' and @96' of the (ndian 2enal 5ode and accordingly each copy of
the book &ust be declared as forfeited by the respondent uJs 96 of the 5ode of 5ri&inal
2rocedure! 197A"
14" #y letter dated 16th *arch! 1986! the petitioner .o" 1! requested the respondent to declare
each copy of the =oran! whether in the original 'rabic or in its translation in any of the languages!
as forfeited to the <overn&ent within seven days of the receipt of the letter" #y the sa&e letter
the respondent was also requested to treat the letter as notice de&anding ,ustice" ' copy of this
letter is anne)ed hereto &arked ' "
11" The respondent! however! has not co&plied with the said request"
1@" #eing aggrieved by the failure of the respondent to accede to the said request! your
petitioners beg to &ove this petition before this on ble 5ourt on the following
G R O , N D
The respondent! by not declaring! inspite of a specific request! copies of the =oran to be
forfeited to the <overn&ent! even though its publication a&ounts to co&&ission of offences
punishable under 3ections 16A' and @96'! (ndian 2enal 5ode! has failed to discharge its
statutory duty as enshrined in 3ection 96 of the 5ode of 5ri&inal 2rocedure! 197A"
1A" There is no other adequate! efficacious and alternative re&edy available to your petitioners
and the reliefs prayed for herein! if granted! will afford co&plete and efficacious re&edy to your
petitioners"
19" The petition is being &ade bonafide and in the interest of the public"
(n the circu&stances aforesaid your petitioners hu&bly pray to your ?ordships for
'" ' rule nisi on the respondent to show cause as to why a writ of &anda&us be not issued to it
directing it to declare each copy of the =oran! whether in the original 'rabic or in its translation in
any of the languages as forfeited to the <overn&ent"
#" The rule issued in ter&s of prayer ' above be &ade absolute"
5" 3uch further or other order andJor orders be &ade andJor directions be given as &ay be
dee&ed fit and proper"
'nd your petitioners as in duty bound shall ever pray"
3dJ- 5hand&al 5hopra"
3dJ- 3ital 3ingh
@9th *arch! 1986
7;:
AFFIDA"IT IN OPPOSITION
Go&ernment of -est #engal
Office of the A!&ocate%on%Recor!E
;E )<S< Ra+ Roa!E 70n! floor:
Calctta % '
.o" '<BJ986J86"
-ated the @9th 'pril 1986"
8ro&G 3hri B"5" -eb!
'dvocate-on-Becord! >est #engal"
ToG 3hri 5hand&al 5hopra!
@6! #urtolla 3treet!
5alcutta - 7"
*atter .o" @97 of 1986
5hand&al 5hopra R 'nr"
-vs-
3tate of >est #engal
- - - - - -
-ear 3ir!
7nclosed please find a copy of the affidavit in opposition to be filed on behalf of the respondent"
Iours faithfully!
3dJ-
$B"5" -7#%"
7ncloG 's stated"
B5-J32"
(ATER NO< 0A= OF 'A@;
IN THE HIGH CO,RT AT CA4C,TTA
Constittional -rit Jris!iction
$:B(<(.'? 3(-7%
- - - - - - - - - - - - - -
(n the *atter of an application under 'rticle @@6 of the 5onstitution of (ndia and >rits! directions
and orders there-under"
A,)
(n the *atter of 3ection 96 of the 5ode of 5ri&inal 2rocedure! 197A"
A,)
(n the *atter of 3ections 16A' and @96'! (ndian 2enal 5ode"
A,)
(n the *atter of the =oran! an (sla&ic book! published and sold in (ndia in the original 'rabic and
in its translations in /rdu! #engali! indi! 7nglish! etc"
A,)
(n the *atter ofG
1" 5hand&al 5hopra! son of late Tika& 5hand 5hopra! aged 6A! at present residing at @6!
#urtolla 3treet! 5alcutta - 7 and
@" 3ital 3ingh! son of late ?al 3ingh at present residing at .o"1! *unshi 3adruddin ?ane! 5alcutta
- 7"
5etitioners
- Cs -
The 3tate of >est #engal! represented by 3ecretary! -epart&ent of o&e! <overn&ent of >est
#engal! having his office at >riters #uilding! 5alcutta - 1"
1espondent
IE TI(IR HARAN SEN G,PTA! -eputy 3ecretary! o&e -epart&ent! <overn&ent of >est
#engal! residing at 3aptarany 8lat 9! 111A :ld #allygunge! @nd ?ane! 5alcutta - 19! sole&nly
affir& and say as followsG
1" ( a& co&petent enough and have been duly authorised to affir& the affidavit"
1a" ( state that according to the (sla&ic belief the oly 0uran is a -ivine #ook" (t contains the
words of <od 'l&ighty revealed at is last 2rophet *uha&&ad" The verses of the oly 0uran
were revealed on the happenings of particular events and its each and every verse has a
connotation of its own and on different and separate background"
@" ( further state that as the oly 0uran is a -ivine #ook! no earthly power can sit upon ,udg&ent
on it and no 5ourt of law has ,urisdiction to ad,udicate it" The oly #ooks like the 0uran! the
#ible! the <eeta! the <ranth 3ahib! etc"! or their translations cannot be the sub,ect-&atters of
ad,udication in a court of law" 'll oly 3criptures are i&&une fro& ,udicial scrutiny"
A" ( sub&it that this on ble 5ourt has no ,urisdiction to pronounce a ,udg&ent on the 0uran!
the oly 3cripture of the *usli&s all over the world! each and every word of which! according to
the (sla&ic belief! is unalterable"
9" There is! as far as known to &e! no country in the world where there are no *usli&s practising
their religion! not to &ention the countries where the whole population believe in (sla& and the
oly 0uran" 8ro& the ti&e of #ritish Bule and since (ndependence! inspite of the (ndian 2enal
5ode being in e)istence! there has never been such an application in any court in (ndia"
(n view of the aforesaid sub&ission ( a& not dealing with any of the allegations in the said
petition"
6" The instant >rit application has been filed with &alafide and ulterior &otives and should be
dis&issed with costs"
6" That the state&ents contained in paragraphs 1! 1a! @! A! 9 and 6 hereof are sub&issions to this
on ble 5ourt"
3dJ-
$Ti&ir aran 3en <upta%"
78:
THE J,DGE(ENT
#I(A4 CHANDRA #ASA)
(a+ '= @;<
Chan!mal Cho.ra H Anr<
"erss
State of -est #engal
The 5ourtG ( have heard and disposed of this application on the 1Ath of *ay 1986 when (
indicated that ( shall give &y reasons later"
Facts:
@" This is an application under 'rticle @@6 of the 5onstitution of (ndia praying for a >rit of
*anda&us directing the 3tate of >est #engal to declare each copy of the =oran! whether in the
original 'rabic or in its translation in any of the languages! as forfeited to the <overn&ent"
A" This application was first &oved before =hastgir J" The learned Judge entertained the
application! gave directions for notice and for affidavits" Thereafter for so&e reason or other the
learned Judge chose not to proceed in this &atter any further and released this &atter fro& her
list" 3uch reason cannot be found out fro& the records of this case though the learned Judge
had chosen to take an unprecedented step by giving an interview to the 2ress regarding the
sa&e of which ( cannot and do not take any notice" The 5hief Justice thereafter assigned this
&atter to &e" 's the learned Judge after giving directions has chosen not to hear this &atter any
further and as this &atter has been assigned to &e! ( have recalled all the earlier orders andJor
directions passed and heard the &atter afresh as 5ourt 'pplication on the question of issue of the
Bule nisi! if any" 'ccordingly the petitioner no" ( who is appearing in person &ade sub&issions
and prayed for issue of a Bule"
9" The learned 'dvocate <eneral has appeared for the 3tate and with the leave of this 5ourt the
learned 'ttorney <eneral has &ade sub&issions on behalf of /nion of (ndia"
6" The petitioners have! in this petition! quoted so&e passages fro& the 7nglish translation of
=oran and thereafter &ade the following aver&entsG
The offending e)pressions contained in the =oran and quoted in paragraphs 9! 6 and 6 above are
not so offensive in their translation in which they are so quoted as they are in the original verses
in 'rabic or in /rdu! the very sound of whose ini&itable sy&phony not only sends the *usli&s to
tears and ecstasy but arouses in the& the worst co&&unal passions and religious fanaticis&!
which have &anifested the&selves in &urder! slaughter! loot! arson! rape and destruction or
desecration of holy places in historical ti&es as also in conte&porary period not only in (ndia but
al&ost all over the world" $paragraph 8%"
(n this way! the publication of the =oran in the original 'rabic as well as in its translations in
various languages including /rdu! indi! #engali! 7nglish! etc"! a&ounts to co&&ission of
offences punishable uJs 16A' and @96' of the (ndian 2enal 5ode and accordingly each copy of
the book &ust be declared as forfeited by the respondent uJs 96 of the 5ode of 5ri&inal
2rocedure! 197A" $paragraph 9%"
S*missions % Petitioner
6" The petitioner in his sub&ission has repeated what has been stated in the petition" e has
sub&itted that the provisions of 3ections 16A' and @96' of the (ndian 2enal 5ode are attached
and accordingly the respondent should be directed to take action under 3ection 96 of the 5ri&inal
2rocedure 5ode" e has sub&itted that =oran seeks to destroy idols" (t encourages cri&e and
invites violence" (t is also against &orality" (t outrages the religious feelings of non-*usli&s" (t
insults all religions e)cepting (sla&" (t encourages hatred! dishar&ony! feelings of en&ity
between different religious co&&unities in (ndia"
7" The relevant provisions of 3ection 96 of the 5ri&inal 2rocedure 5ode $hereinafter referred to
as 5r" 2"5"% and 3ections 16A'! @96 and @96' of the (ndian 2enal 5ode $hereinafter referred to
as ("2"5"%! are set out hereinbelowG
Cr< P<C< % See< A;G $1% >here $a% any newspaper! or book $b% any docu&ent! wherever printed!
appears to the 3tate <overn&ent to contain any &atter the publication of which is punishable
under section 1@9' or section 16A' or section 16A# or section @9@ or section @9A or section
@96' of the (ndian 2enal 5ode $96 of 1864%! the 3tate <overn&ent &ay! by notification! stating
the grounds of its opinion! declare every copy of the issue of the newspaper containing such
&atter! and every copy of such book or other docu&ent to be forfeited to <overn&ent! and
thereupon any police officer &ay sei+e the sa&e wherever found in (ndia and any *agistrate &ay
by warrant authorise any police officer not below the rank of sub-inspector to enter upon and
search for the sa&e in any pre&ises where any copy of such issue or any such book or other
docu&ent &ay be or &ay be reasonably suspected to be"
$@% (n this section and in section 96
$a% newspaper and book have the sa&e &eaning as in the 2ress and Begistration of #ook 'ct!
1867 $@6 of 1867%"
$b% docu&ent includes any painting! drawing or photograph or other visible representation"
$A% .o order passed or action taken under this section shall be called in question in any court
otherwise than in accordance with the provisions of section 96"
I<P<C< % Sec< ';3AG >hoever by words! either spoken or written or by visible representations! or
otherwise! pro&otes or atte&pts to pro&ote feelings of en&ity or hatred between different
classes of er *a,esty s sub,ects! shall be punished with i&prison&ent which &ay e)tend to
two years! or with fine or with both"
I<P<C< % Section 0A;G >hoever destroys! da&ages or defiles any place of worship! or any ob,ect
held sacred by any class of persons with the intention of thereby insulting the religion of any class
of persons or with the knowledge that any class of persons is likely to consider such destruction!
da&age or defile&ent as an insult to their religion! shall be punished with i&prison&ent of either
description for a ter& which &ay e)tend to two years! or with fine! or with both"
Section 0ASAG >hoever! with deliberate and &alicious intention of outraging the religious
feelings of any class of is *a,esty s sub,ects! by words! either spoken or written! or by visible
representations insults or atte&pts to insult the religion or the religious beliefs of that class! shall
be punished with i&prison&ent of either description for a ter& which &ay e)tend to two years! or
with fine! or with both"
8" The petitioner no" 1 has addressed the 5ourt in person and placed the petition and drawn &y
attention to the relevant provisions of the 'ct referred to above! and has sub&itted that it is a fit
and proper case where such an order is to be passed against the <overn&ent directing the& to
take action under 3ection 96 of the 5ode of 5ri&inal 2rocedure"
S*mission % State
9" The learned 'dvocate <eneral appearing on behalf of the 3tate has placed before &e 3ection
@96 of the (ndian 2enal 5ode which ( have set out above"
14" The learned 'dvocate <eneral has sub&itted that the =oran is a sacred book of the *usli&
co&&unity and &aking an order of the nature as prayed for would a&ount to abolition of this
religion" 3uch a prayer offends the provisions of 3ection @96 of the ("2"5" and! therefore! the
question of invoking ,urisdiction of this 5ourt in respect of 3ection @96' of the ("2"5" cannot and
does not arise" (n this connection he has relied on a decision of the 3upre&e 5ourt in the case
of 'eera"adram /hettiar vs - '; 1amas.ami ,aicker I 6rs; reported in '"("B" 1968 3"5" 14A@
at page 14A6! paragraph 7" The relevant passage is set out hereinbelowG
The learned Judge in the court below! has given &uch too restricted a &eaning to the words
any ob,ect held sacred by any class of persons! by holding that only idols in te&ples or idols
carried in processions on festival occasions! are &eant to be included within those words" There
are no such e)press words of li&itation in 3" @96 of the (ndian 2enal 5ode and in our opinion the
learned Judge has clearly &isdirected hi&self in i&porting those words of li&itation" (dols are
only illustrative of those words" ' sacred book! like the #ible! or the =oran! or the <ranth 3aheb!
is clearly within the a&bit of those general words" (f the courts below were right in their
interpretation of the crucial words in 3" @96 the burning or otherwise destroying or defiling such
sacred books! will not co&e within the purview of the penal statute" (n our opinion! placing such a
restricted interpretation on the words of such general i&port! is against all established canons of
construction" 'ny ob,ect however trivial or destitute of real value in itself! if regarded as sacred by
any class of persons would co&e within the &eaning of the penal section" .or is it absolutely
necessary that the ob,ect! in order to be held sacred should have been actually worshipped" 'n
ob,ect &ay be held sacred by a class of persons without being worshipped by the&" (t is clear!
therefore! that the courts below were rather cynical in so lightly brushing aside the religious
susceptibilities of that class of persons to which the co&plainant clai&s to belong" The section
has been intended to respect the religious susceptibilities of persons of different religious
persuasions or creeds" 5ourts have got to be very circu&spect in such &atters! and to pay due
regard to the feelings and religious e&otions of different classes of persons with different beliefs!
irrespective of the consideration whether or not they share those beliefs! or whether they are
rational or otherwise! in the opinion of the court"
*r" 'dvocate <eneral has sub&itted that the =oran has been in e)istence for a long ti&e" .o
grievance has been &ade at any point of ti&e by any one to the effect as the petitioner is seeking
to do before this 5ourt" e has sub&itted that this 5ourt is not entitled to go into this &atter as
this relates to a question of religion itself" e has further sub&itted that this is a &otivated
application with the intention of destroying co&&unal har&ony"
e has relied on a decision in the case of 5u"lic 5rosecutor - vs - 5; 1amas.ami reported in
1966 $1% 5"?"J"! 67@"
S*mission % ,nion of In!ia<
1@" *r" 'ttorney <eneral appearing on behalf of /nion of (ndia assisted by *"=" #aner,ee
'dditional 3olicitor <eneral has adopted the sub&ission of *r" 'dvocate <eneral and further
added as followsG
e has referred to a passage fro& the 7ncyclopaedia #ritannica at pages 999 and 996" e has
sub&itted that the =oran is a basic te)t" (t is the basis and foundation of the *usli& religion"
This cannot be &ade ,usticiable in a court of law" The challenge of the petitioner a&ounts to not
only an insult to the *usli& religion as such but against all other religions also" e has further
sub&itted that certain passages taken out of conte)t cannot be referred to for invoking the writ
,urisdiction of this 5ourt" e has also relied on a passage fro& The (ife and (etters of 1aja
1ammohan 1oy written by 5ollet"
1A" e has also relied on a decision in the case of +rishna Sinh - vs - Mathura I 6rs; reported in
'"("B" 1984 3"5" 747 at page 71@ paragraph 17"
19" e has also relied on several passages fro& 8y+ee and *ulla s 18th 7dition on
*oha&&edan ?aw"
16" e has also relied on a decision in the case of 1amjilal Modi - vs - State of U;5; reported in
'"("B" 1967 3"5" 6@4! paragraph 9"
16" .e)t" *r" 'ttorney <eneral has drawn &y attention to the 2rea&ble of the 5onstitution of
(ndia and 'rticle @6 thereof which are set out hereinbelowG
2rea&ble G >7! T7 27:2?7 :8 (.-('! having sole&nly resolved to constitute (ndia into a
3:C7B7(<. 3:5('?(3T 375/?'B -7*:5B'T(5 B72/#?(5 and to secure to all its citi+ens
?iberty of thought! e)pression! belief! faith and worship"
Art< 0;G $1% 3ub,ect to public order! &orality and health and to the other provisions of this 2art! all
persons are equally entitled to freedo& of conscience and the right freely to profess! practise and
propagate religion"
17" e has sub&itted that in view of such provisions of the 5onstitution the 5ourt has no such
power to give any such direction"
18" e has further relied on a passage fro& alsbury s ?aws of 7ngland $9th 7dition! Col" 18!
paragraphs 169@ and 169A%"
19" e has further sub&itted that this is supposed to be a public interest litigation and this 5ourt
should be very cautious about the sa&e" (n this connection he has drawn &y attention to the
decision of the 3upre&e 5ourt in 0andhu Mukti Morcha - vs - Union of India and others reported
in 1989$A% 3"5" 161 at @A1 paragraphs 69 to 67"
Re.l+
@4" The petitioner in his reply repeated his sub&issions"
Decision
@1" #efore e)a&ining the scope of the contention of the petitioners! it is necessary to ascertain
the scope and i&portance of the =oran as such" (t is the basic te)t of the *usli& religion" ?ike all
other religions it proceeds on the basis that it is the only true religion and that those who do not
follow that religion are not the true devotees of <od"
@@" 's observed by the 3upre&e 5ourt in the case of 3" Ceerabadra& 5hettiar - vs - C"
Ba&aswa&i .aicker $supra%! as followed in the *adras decision of 2ublic 2rosecutor vs"
Ba&aswa&i $supra% the =oran! like the #ible and the <ranth 3aheb is a sacred book" (t is an
ob,ect held sacred by *usli&s" 'llah is considered as the <od"
@A" 's pointed out in the 7ncyclopaedia #ritannica! the =oran is the sacred scripture of the
religion of (sla&" (t is a book in the 'rabic language containing about 84!444 words" (t is
co&posed of 119 suras! or chapters! of varying si+e" The first sura! entitled The :pening ! is
in the for& of a short devotional prayer1 it is constantly so used! cere&onially and otherwise! and
by co¶tivists has been called the ?ord s 2rayer of the *usli&s " (t is addressed to
<od" The re&ainder of the =oran is in the for& of an address fro& <od! he either speaking
hi&self! so&eti&es in the first person! or else! through the i&perative ul! say which
introduces &any verses and passages and so&e suras! ordering that the words that follow be
proclai&ed" The sub,ect &atter is varied1 passages of one or several verses! or of an entire sura!
deal in diverse ways with &any topics" (t speaks about oneness and o&niscience and supre&e
&a,esty of <od" The style at ti&e fiery! is powerful! the general tone deeply &oralist and
theocentric1 the whole reverberates with a passionate de&and for obedience to the will of a
transcendent but near and &ightily active <od"
@9" (n the faith of *usli&s! and according to the theory propounded in the book itself! the =oran is
the revealed word of <od" This postulates <od! and indeed the kind of <od who has soðing
to say to us and who takes the initiative in saying it" Beligion in this view is not a hu&an
searching after <od1 it is <od who acts! and is known because and insofar as! and only as! he
chooses to disclose hi&self"
@6" (n the *usli& view! <od created the universe! ordaining its processes and controlling the&"
e prescribed a pattern or order! which nature &ust obey" 8or &an also he obtained a pattern of
behaviour! but unlike the rest of the natural world! &an was &ade conscious and free! to choose
whether or not he will confor& to <od s decrees" There is for &ankind a right way to live1 it is
the =oran that seeks to &ake this known"
@6" 8or *usli&s the =oran is the ipsissima -er"a of <od hi&self" (t is <od speaking to &an not
&erely in 7th century 'rabia to *oha&&ed but fro& all eternity to every &an throughout the
world including the individual *usli& as he reads it or devoutly holds it" (t is eternal breaking
through into ti&e! the unknowable disclosed! the transcendent entering history and re&aining
here! available to &ortals to handle and to appropriate! the divine beco&e apparent" To
&e&orise it! as &any *usli&s have cere&onially done! and perhaps even to quote fro& it! as
every *usli& does daily in his for&al prayers and otherwise! is to enter into so&e sort of
co&&union with ulti&ate reality"
@7" There is another aspect of this &atter" There are various interpretations of different verses of
the =oran" 's pointed out by 3"-" 5ollet in The (ife and (etters of 1aja 1ammohan 1oy two
verses of the =oran quoted by Ba,a Ba&&ohan Boy are interpreted differently by so&e &ode&
scholars" 3o far as verse of the =oran under (P"6" is concerned according to a scholar! it does
not refer to general &assacre of all polytheists and idolaters! that is all non-*usli&s! but it speaks
only of those non-*usli&s who were waging war at the ti&e with the *usli&s treacherously by
breaking previous agree&ent"
@8" 'ccording to the Mulla on Mohammedan (a. there are four sources of (sla&ic ?aw! one of
which is the =oran " The word (sla& &eans peace and sub&ission" (n its religious
sense it denotes sub&ission to the will of <od and in its secular sense the establish&ent of
peace" The word *usli& in 'rabic is the active participle of 's-sala& which is
acceptance of the faith and of which the noun of action is (sla& " (n 7nglish the word
*usli& is used both as a .oun and an 'd,ective and denotes both the persons professing
faith and soðing peculiar to *usli&s! such as law! culture! etc" The *usli&s believe in the
divine origin of their holy book which according to their belief was revealed to the prophet by the
angel <abriel" The =oran is 'l-furcan! i"e"! one showing truth fro& falsehood and right fro&
wrong" The =oran contains about 6444 verses but not &ore than @44 verses deal with legal
principles" The portion which was revealed to the prophet at *ecca is! singularly free of legal
&atter and contains the philosophy of life and religion and particularly (sla& " 's the =oran is
of divine origin! so are the religion and its tenets and the philosophy and the legal principles which
the =oran inculcates" The =oran has no earthly source" (t was co&piled fro& &e&ory after the
prophet s death fro& the version of :s&an the third 5aliph"
@9" (t is in the light of the above that one should approach to e)a&ine the said book" 3o&e
passages containing interpretation of so&e chapters of the =oran quoted out of conte)t cannot be
allowed to do&inate or influence the &ain ai& and ob,ect of this book" (t is dangerous for any
court to pass its ,udge&ent on such a book by &erely looking at certain passages out of conte)t"
A4" (n &y opinion the =oran being a sacred #ook and an ob,ect held sacred by a class of
persons within &eaning of 3ection @96 of (ndian 2enal 5ode! against such book no action can
be taken under 3ection @96'" 3ection @96' is not attracted in such a case" 3ection @96' has no
application in respect of a sacred book which is protected under 3ection @96 of ("2"5" 'ny other
interpretation would lead to absurdity" (f any offence! within the &eaning of 3ection @96 is
co&&itted! in respect of =oran then it is punishable" 3uch #ook gets protection in view of
3ection @96'" 't the sa&e ti&e if it is open to take any such action under 3ection @96' against
such #ook! then the protection given under 3ection @96 will beco&e nugatory and &eaningless"
A1" 8urther! as pointed out by the 3upre&e 5ourt in the case of 1amji (al Modi - vs - State of U;
5;$supra% 3ection @96' does not penalise any and every act of insult or atte&pt to insult the
religion or the religious beliefs of a class of citi+ens! which are not perpetrated with the deliberate
and &alicious intention of outraging the religious feelings of that class" (nsults to religion offered
unwittingly or carelessly or without any deliberate or &alicious intention of outraging the religious
feelings of that class do not co&e within the scope of the section" (t only punishes the
aggravated for& of insult to religion when it is perpetrated with deliberate and &alicious intention
of outraging the religious feelings of that class" ( have set out the ai& and ob,ect of the =oran" (n
&y opinion it cannot be said that =oran offers any insult to any other religion" (t does not reflect
any deliberate or &alicious intention of outraging the religious feelings of non-*usli&s" (solated
passages picked out fro& here and there and read out of conte)t cannot change the position"
A@" The 'ttorney <eneral is right in his contention that such a construction as suggested cannot
be given as this would a&ount to violation of the 5onstitution" ( have already set out the 2rea&ble
to and 'rticle @6 of the 5onstitution"
AA" 2rea&ble to the 5onstitution is a part of the 5onstitution" +esha-ananda - vs - +erala! '"("B"
197A 3"5" 1961" 'ccordingly! it is open to the 5ourt to keep the sa&e in &ind while considering
any provision of the 5onstitution of (ndia"
A9" (n &y opinion passing of such order as prayed for would go against the 2rea&ble of the
5onstitution and would violate the provisions of 'rticle @6 thereof" The 2rea&ble proclai&s (ndia
to be a secular 3tate" (t &eans that each and every religion is to be treated equally" .o
preference is to be given to any particular religion" .o religion is to be belittled" ?iberty of
thought! e)pression! belief! faith and worship are assured" =oran! which is the basic te)t book of
*oha&&edans! occupies a unique position to the believers of that faith as #ible is to the
5hristians and <ita! Ba&ayana and *ahabharata to the indus" (n &y opinion! if such an order
is passed! it would take away the secularity of (ndia and it would deprive a section of people of
their right of thought! e)pression! belief! faith and worship" This would also a&ount to
infringe&ent of 'rticle @6 which provides that all persons shall be equally entitled to freedo& of
conscience and the right freely to profess! practise and to propagate religion" #anning or
forfeiture of =oran would infringe that right" 3uch action would a&ount to abolition of the *usli&
religion itself" *usli& religion cannot e)ist without =oran" The proposed action would take away
the freedo& of conscience of the people of that faith and their right to profess! practise and
propagate the said religion" 3uch action is unthinkable" The 5ourt cannot sit in ,udg&ent on a
holy book like =oran! #ible! <eeta and <ranth 3aheb"
A6" 's pointed out in alsbury 9th 7d" Col" 18 on 8oreign Belations ?aw ! right of freedo& of
thought! conscience and religion includes freedo&! alone or with or in co&&unity with others! and
in public or private! to &anifest religion or belief in worship! teaching! practice and observance" (n
&y opinion! the action proposed will deprive a class of persons of their hu&an rights"
A6" There is another aspect of the &atter" This sacred book has been in e)istence for a nu&ber
of years with its different interpretations and translations" /pto now no one has chosen to
challenge the sa&e"
A7" 8or si&ilar reasons ( also hold that 3ection 16A' of the (ndian 2enal 5ode has no application
in the facts of the present case" 'part fro& anything else! there is no question of forfeiture or
banning of the said book on the grounds of dishar&ony or feelings of en&ity or hatred or ill-will
between different religions or co&&unities" This book is not pre,udicial to the &aintenance of
har&ony between different religions" #ecause of the =oran no public tranquility has been
disturbed upto now and there is no reason to apprehend any likehood of such disturbance in
future" :n the other hand the action of the petitioners &ay be said to have atte&pted to pro&ote!
on the grounds of religion! dishar&ony or feelings of en&ity! hatred or ill-will between different
religions! i"e"! between *usli&s on the one hand and non-*usli&s on the other within the
&eaning of 3ection 16A'" 3i&ilarly! in &y opinion! it &ay be said that by this petition the
petitioners insult or atte&pt to insult the *usli& religion and the religious belief of the *usli&s
within the &eaning of 3ection @96' of the (ndian 2enal 5ode" (t is an affront to (sla& s
3upre&e 3criptural 'uthority" 8or this reason the contention of the respondents that this
application is &otivated cannot be co&pletely ruled out"
A8" The learned 'ttorney <eneral was right in &aking co&&ents regarding caution to be
e)ercised in entertaining public interest litigation" ' >rit petition is a very i&portant proceeding"
(t is known as a igh 2rerogative >rit" 'rticle @@6 of the 5onstitution confers a wide power on
the igh 5ourts" (t is wider than 'rticle A@ itself" The igh 5ourt en,oys a ,urisdiction which is not
en,oyed by an ordinary civil court" (n &any cases where no re&edy is available in an ordinary
civil court! the >rit 5ourt is the only foru&" (t is &uch &ore e)peditious than an ordinary civil
proceeding" owever! in &y opinion it is the duty of the 5ourt while entertaining or ad&itting such
application! particularly a public interest litigation! to be very cautious about the sa&e! particularly
where it is a &atter of great public interest" (n this conte)t reference &ay be &ade to the
,udg&ent of 2athak J" in the case of 0andhu Mukti Morcha - vs - Union of India $supra%" The
present case involves the senti&ent and religious feelings of a &inority co&&unity" The &atter
involves religious feelings of &illions of people not only in (ndia but also outside (ndia" (t involves
a highly delicate and sensitive issue" The application was entertained and ad&itted without going
into the question of pri&a facie case and the ,urisdiction and power of the 5ourt to entertain this
petition" (n spite of the sa&e directions were given for filing of affidavits" This by itself a&ounts to
holding that there is a pri&a facie case though this question was not gone into" The 5ourt should
be circu&spect in such kind of &atters and be very cautious about the sa&e" :therwise though it
&ight attract cheap publicity but &ay cause untold &isery and disruption of religious har&ony"
The igh 5ourt should have been spared of the e&barrass&ent caused" The petition should
have been re,ected forthwith and in li&ine as unworthy of its consideration as soon as it was
&oved"
A9" 8or the aforesaid reasons ( a& of the opinion that the >rit 5ourt s ,urisdiction has been
wrongly sought to be invoked in this case" .o pri&a facie case has been &ade out" (t is clear
that this 5ourt has no power of ,urisdiction to pass any such order as prayed for in this
application"
94" 8or the aforesaid reasons this applications stands dis&issed" .o order as to costs"
91" (n this connection ( record &y appreciation of the very frank! fair and sober &anner in which
this case has been argued by the 'ttorney <eneral appearing for the /nion of (ndia and the
'dvocate <eneral appearing for the 3tate"
3dJ-
$#"5" #asak%
7=:
THE RE"IE- APP4ICATION
(ATTER NO< 0A= OF 'A@;
IN THE HIGH CO,RT AT CA4C,TTA
Constittional -rit Jris!iction
$:B(<(.'? 3(-7%
(n the *atter of an application for condonation of delay in the sub&ission of the review
application"
(n the &atter of
5hand&al 5hopra R 'nr"
- 'pplicant"
Cersus
The 3tate of >est #engal
- Bespondent"
To
1" The on ble *r" 3atish 5handra! the 5hief Justice and is 5o&panion Justices of the said
igh 5ourt"
The hu&ble petition of the applicant above-na&ed &ost respectfully
S H E - E T H :
1" That the ,udg&ent in the above &atter was delivered on 17th *ay! 1986"
@" That the review petition which has to be &oved within A4 days! ought to have been &oved by
17th June! 1986! 16th June! 1986! being a 3unday and a holiday"
A" That the applicant got hurt in the pal& of his right hand on 1Ath June! 1986! got a stitch and
bandage and was advised not to &ove his right hand for so&e days" ' &edical certificate is
enclosed! &arked as anne)ure ' "
9" That due to the aforesaid reason the review application has beco&e delayed by a day"
(t is therefore prayed that the delay of one day in the sub&ission of the said application &ay
kindly be condoned"
'nd for which act of kindness your petitioner as in duty bound shall ever pray"
3dJ-
$5hand&al 5hopra%
(ATTER NO< 0A= OF 'A@;
IN THE HIGH CO,RT AT CA4C,TTA
Constittional -rit Jris!iction
$:B(<(.'? 3(-7%
'n application for review of ,udge&ent dated 17"6"1986"
5hand&al 5hopra of @6! #urtolla 3treet! 5alcutta - 7"
- 'pplicant
2etitioner"
Cersus
The 3tate of >est #engal! represented by the 3ecretary! -epart&ent of o&e! <ovt" of >est
#engal! having his office at >riters #uilding! 5alcutta - 1"
- Bespondent"
#eing aggrieved by so&e &istakes or errors apparent fro& the ,udg&ent dated 17"6"86 passed
by is ?ordship *r" Justice #i&al 5handra #asak dis&issing in li&ine the 5ourt 'pplication in
*atter .o" @97 of 1986 fro& which no appeal has been filed and due to the discovery of new and
i&portant &atter which inspite of e)ercise of due diligence could not be produced by the applicant
at the ti&e when the &atter was heard! the applicant above-na&ed begs to file this &e&o of
review against the aforesaid decision on the following a&ongst other
G R O , N D S
1" 8or that the findings in paragraph @8 of the ,udg&ent that the =oran is of divine origin and that
the =oran has no earthly source! based as they are not on any evidence but on &ere religious
beliefs! are derogatory to the basic constitutional principle of secularis& and are therefore
unconstitutional"
@" 8or that the finding given in paragraph A9 of the ,udg&ent that a court cannot sit in ,udg&ent
on a holy book is unconstitutional"
A" 8or that a book! even if it be a book held sacred by any co&&unity living in (ndia! loses
protection of 3ec" @96 if its publication a&ounts to offences under 3ection! a&ongst others! @96'
("2"5" and should have been held accordingly"
9" 8or that the finding given in paragraph A1 that the =oran does not insult other religions is not
correct in view of the various sayings of the book already quoted in para 6 of the >rit application"
6" 8or that the finding given in paragraph A7 of the ,udg&ent that 3ec" 16A' ("2"5" has no
application in this case is not correct as the various sayings of the =oran! already quoted in para
6 of the >rit application! do pro&ote! on grounds of religion! dishar&ony or feeling of en&ity!
hatred and ill-will between different religious co&&unities"
6" 8or that the following sub&issions are not recorded nor dealt with in the said ,udg&entG
$i% That 3ec" @96 would not protect an ob,ect! even if held sacred by any class of persons! if the
ob,ect happens to be a book and its publication a&ounts to co&&ission of offences punishable
uJs @96 ("2"5" itself apart fro& 3ecs" 16A' and @96' ("2"5" inas&uch as whoever seeks protection
of law &ust co&e with clean hands"
3o&e quotations fro& the book which e)horts its followers to take the idols $which are also the
ob,ects held sacred by other class of persons% to ell for being burnt in hell-fire! were cited at the
ti&e of hearing"
$ii% (n reply to a question which was raised by the (d" Judge! na&ely! could an ob,ect of art! even if
so&ewhat obscene! be proscribed on the ground of obscenity! the following su&&ary of a
3upre&e 5ourt ,udg&ent in '"("B" 1986 $3"5"% 881 given by 5hittaley and 'ppu Bao! at page
@188 of their book on the (ndian 2enal 5ode was relied uponG
>here obscenity and art are &i)ed up! art &ust be so preponderating as to throw the obscenity
into a shadow or the obscenity so trivial and insignificant that it can have no effect and &ay be
overlooked"
The volu&e containing the report of the said ,udg&ent of the 3upre&e 5ourt was also produced
before the Judge"
7" 8or that the finding in paragraph A7 of the ,udg&ent that the contention of the respondent that
this application is &otivated cannot be co&pletely ruled out! is not correct"
8" 8or that the (d" Judge ought to have held that the petition had been filed with bonafide &otives
and in the interest of the country and the public good"
( certify that the above are in &y opinion good grounds of review"
3dJ-
$5hand&al 5hopra%
(ATTER NO< 0A= OF 'A@;
5hand&al 5hopra
-vs-
3tate of >est #engal
S , # ( I S S I O N S
(a+ It Please Cor 4or!shi.
This is an application for review of the ,udge&ent delivered in the above &atter on the 17th *ay!
1986! which it is sub&itted is based! a&ongst others! on the following pre&isesG
$1% $'s% the =oran is of divine origin! so are the religion and its tenets and the philosophy and
the legal principles which the =oran inculcated" The =oran has no earthly source"
$2aragraph @8%"
$@% The 5ourt cannot sit in ,udg&ent on a holy book""" $2aragraph A9%"
F$A% (t cannot be said that =oran offers any insult to any other religion" $2aragraph A1%"
$9% 3ection 16A' of the (ndian 2enal 5ode has no application" $2aragraph A7%"
( now propose to deal with the grounds of review according to the serial in which they appear in
&y review petition"
GRO,ND NO< '
1" The findings that the =oran is of divine origin and that it has no earthly source are based on
religious beliefs and not on evidence" /nlike in a theocratic state $where <overn&ent is run by
priests clai&ing to rule with divine authority%! the courts of law in a secular state! it is respectfully
sub&itted! cannot give their findings based on religious beliefs" Bather! the courts of law in a
secular state! in giving findings and in arriving at conclusions &ust necessarily act in disbelief! or
disregard! of religious faiths and beliefs" The ter& secularis& as defined by >ebster s
.ew >orld -ictionary! 3econd 5ollege 7dition! 197@! &eans a syste& of doctrines and
practices that disregards or re,ects any for& of religious faith and! secondly! secularis& is
the belief that religion and ecclesiastical affairs should not enter into the functions of the state
'ccording to 8unk and >agnalls .ew 3tandard -ictionary of the 7nglish ?anguage! 196A! a
secularist is one who believes that religion should not be introduced into the &anage&ent of
public affairs" 'ccording to >ebster s Third .ew (nternational -ictionary! /nabridged $1971%!
secularis& &eans a view of life or of any particular &atter based on the pre&ise that religious
considerations should be ignored or purposely e)cluded" 'ccording to the 5oncise :)ford
-ictionary! the word secular &eans sceptical of religious truth" 'ccordingly! it is
respectfully sub&itted that in consonance with the principle of secularis&! this court should have
disbelieved or disregarded! all religious beliefs about =oran"
(t is therefore sub&itted that the findings given about the divine origin of =oran are derogatory to
the basic constitutional principle of secularis& and are therefore unconstitutional"
GRO,ND NO< 0
$1% /nlike in theocracy! as already defined above! in a de&ocracy! the people govern the&selves
according to their own will as e)pressed through their representatives and not according to any
divine book! and if the will so e)pressed ordains that a book! under certain circu&stances! is
liable to be forfeited! then any book! whether classic or epic! religious or te&poral! old or new! is
liable to be so forfeited provided only that those circu&stances are present" 'nd if a question
arises whether those circu&stances are present in the conte)t of a particular book! courts of law!
it is respectfully sub&itted! are the only foru& to decide the question" 7ven otherwise also! under
'rticle @@6 of the 5onstitution! our igh 5ourts are vested with the power to issue! a&ongst
others! writs of *anda&us to any authority or <overn&ent in all appropriate cases" 'ccordingly!
the finding given in para A9 that the courts cannot sit in ,udg&ent on holy books! being an
abdication of the e)press constitutional power is! it is respectfully sub&itted! derogatory to the
5onstitution! and! in particular! to 'rticle @@6 thereof! and is therefore unconstitutional"
GRO,ND NO< 3
$1% 3ection @96 ("2"5" no doubt protects ob,ects held sacred by any class of persons fro&
destruction" #ut this section! in the first place! does not override the provisions of 3ections @96'
("2"5" nor of 3ection 16A' ("2"5" (n other words! 3ection @96 ("2"5" does not prevent a
<overn&ent fro& acting under 3ection 96 5ri&inal 2rocedure 5ode! if the <overn&ent finds that
the publishers of a book have violated the provisions of 3ections @96' and 16A' ("2"5" This is
clear fro& the language of 3ection @96 itself inas&uch as the protection of 3ection @96 is
available against those persons who destroy any sacred ob,ect with the intention of insulting
the religion of any class of persons" >hen a <overn&ent acts uJs 96 5r" 2"5" it does not act! it
is sub&itted! with any such intention" Bather! the intention is to prevent the publisher of a book
fro& co&&itting offences under 3ections @96' and 16A' ("2"5"! etc"
GRO,ND NO< 6
1" The finding that =oran does not insult other religions! is not! it is respectfully sub&itted! correct
in view of the various quotations fro& the book given in para 6 of the >rit 'pplication! in particular
the following! none of which! it is respectfully sub&itted! undergoes any change in its &eaning
even if read in its conte)tG
$a% /nbelievers are those who declare! 'llah is the *essiah $i"e" the 5hrist%! the son of *ary"
3ay! >ho could prevent 'llah fro& destroying the *essiah! the son of *ary! together with his
&otherM
$b% The unbelievers a&ong the people of the #ook $i"e" the 5hristians and the Jews% and the
pagans shall burn for ever in the fire of ell" They are the vilest of all creatures"
$c% e answeredG >ould you then worship that! instead of 'llah! which can neither help nor
har& youM 3ha&e on you and on your idols"
$d% Iou and all your idols shall be the fuel of ell1 therein you shall all go down" >ere they
true <ods! your idols would not go there1 but in it they shall abide for ever" They shall groan with
pain and be bereft of hearing"
$e% Then 'llah will say! Jesus! son of *ary! did you ever say to &ankind! worship &e and &y
&other as <ods besides 'llahM <lory to Iou! he will answer! ow could ( say that to
which ( have no rightM (f ( had ever said so! Iou would have surely known it" Iou know what is in
&y &ind! but ( cannot tell what is in Iours" Iou alone know what is hidden" ( spoke to the& of
nothing e)cept what Iou bade &e" ( say! 3erve 'llah! &y ?ord" ( watched over the& whilst living
in their &idst! and ever since Iou took &e to Iou! Iou Iourself have been watching over the&"
Iou are the witness of all things" They are Iour own bonds&en" (t is for Iou to punish or to
forgive the&" Iou are the *ighty! the >ise :ne "
$f% :n the day when e asse&bles the& with all their idols! e will sayG >as it you who
&isled *y servants! or did they wilfully go astrayM They will answerG 'llah forbid that we
should choose other guardians besides Iou" Iou gave the& and their fathers the good things of
life! so that they forgot Iour warnings and thus incurred destruction" Then to the idolaters 'llah
will sayG Iour idols have denied your charges" Those of you who have done wrong shall be
sternly punished "
GRO,ND NO< ;
The finding that 3ection 16A' has no application in this case is not! it is respectfully sub&itted!
correct! as the various quotations fro& =oran already given in paragraph 6 of the >rit 'pplication
including the following! none of which! it is respectfully sub&itted! undergo any change in its
&eaning even if read in its conte)t! do pro&ote! on grounds of religion! dishar&ony! or feelings of
en&ity! hatred and ill-will between different religious co&&unitiesG
$a% >e renounce you $i"e" idol-worshippers%1 en&ity and hate shall reign between us until you
believe in 'llah only"
$b% #elieversH do not befriend your fathers or your brothers! if they choose unbelief in
preference to faith" >rongdoers are those that befriend the&"
$c% Therefore! >e stirred a&ong the& $i"e" the 5hristians% en&ity and hatred! which shall
endure till the -ay of Besurrection"
$d% #elieversH take neither Jews nor 5hristians for your friends" They are friends with one
another" >hoever of you seeks their friendship shall beco&e one of their nu&ber" 'llah does not
guide the wrong-doers"
GRO,ND NO< 8
The two sub&issions! as su&&arised in ground .o" 6! were! it is respectfully sub&itted! &ade in
course of petitionerOs reply! but have not been recorded and &ay! therefore! it is prayed! be
recorded now"
GRO,ND NO< =
(n paragraph A7 a finding has been recorded that the petitioner &ay be said to have co&&itted
offences under 3ections 16A' and @96' ("2"5" (n this connection! it is respectfully sub&itted that
the petitioner ca&e across a book! the publishers of which! according to the petitionerOs hu&ble
view! violated the law of the land! in particular! that laid down in 3ections 16A' and! @96' ("2"5"
e accordingly requested a responsible :fficer of the <overn&ent to act under 3ection 96 5r"
2"5" (f the <overn&ent so acts under 3ection 96 5r" 2"5"! the <overn&ent could not! it is
respectfully sub&itted! be said to co&&it any offence under 3ec" @96 ("2"5" for the reasons
already sub&itted above! and since the petitioner has not requested any street urchins to destroy
any sacred ob,ect but a responsible <overn&ent :fficer to act under 3ection 96 5r"2"5" his
culpability if any! it is respectfully sub&itted! is co-ter&inus with that of the <overn&ent"
'ccordingly the conclusion that the application &ay have been &otivated &ay kindly be reviewed"
GRO,ND NO< @
The petition was not filed! it is respectfully sub&itted! in a sudden fit of religious fren+y" #ut it was
filed after a hard labour of one and a half years" (t could thus be said! it is respectfully sub&itted!
to be &oved with bonafide &otives only unless there is any evidence to the contrary"
Re: Jris!iction of -rit Cort to *ear Re&ie5 A..lication<
?astly! in support of &y hu&ble plea that this on ble 5ourt has a&ple ,urisdiction to entertain a
review application! ( &ay sub&it that in Shi-deo Sinh - vs - State of 5unja" $'"("B" 196 3"5"
1949! 1911% the 3upre&e 5ourt has held that the power of review inheres in every court of
plenary ,urisdiction to prevent &iscarriage of ,ustice or to correct grave and palpable errors
co&&itted by it"
3dJ-
$5hand&al 5hopra%
18th June! 1986
7@:
RE"IE- APP4ICATION DIS(ISSED
(ATTER NO< 0A= OF 'A@;
Constittional -rit
$:B(<(.'? 3(-7%
#(*'? 5'.-B' #'3'=
June @1 86"
5hand&al 5hopra R 'nr"
-Cs-
The 3tate of >est #engal"
Two papers were &oved before &e" :ne is an application for condonation of delay in the
sub&ission of the review application and another is stated to be an application for review of &y
Judg&ent dated 17th *ay! 1986! but which is actually a &e&orandu& of review" #y the said
Judg&ent ( have dis&issed the >rit petition directed against =oran in li&ine" Thereafter these
two applications have been filed"
3o far as the condonation of delay is concerned! the ti&e for &aking an application for review is
A4 days" There is only one dayOs delay" (t &ight be felt that only one dayOs delay &ay be
condoned but the condonation of delay is not a &atter of course" The petitioner &ust give proper
e)planation of even one dayOs delay" (n this case in the petition the delay is sought to be
e)plained by &aking the following aver&entsG
That the applicant got hurt in the pal& of his right hand on 1Ath June! 1986! got a stitch and a
bandage and was advised not to &ove his right hand for so&e days" ' &edical certificate is
enclosed &arked as anne)ure ' "
The said anne)ure ' reads as followsG
3hree Cishudhanand ospital R Besearch (nstitute"
A6 R A7! #urtolla 3treet! 5alcutta - 7
<eneral :utdoor -eptt" $7*7B<7.5I%
-r" " 2oddar
18 June 1986
.o" @41A9
.a&e - 5hand&al 5hopra! 'ge - 6A Irs"
This is to certify that 3ri 5hand&al 5hopra aged 6A yrs" had got in,ured on 16-6-86 on the right
little finger" :ne stitch and bandage was done on 16"6"86" e is advised to take rest for 9 days
fro& that very day"
3dJ- (llegible"
(t will be seen that there are inconsistencies between the aver&ents in the petition and the
&edical certificate" (n the petition it is stated that the applicant got hurt in the pal& of his right
hand whereas in the &edical certificate it has been stated that he had got in,ured on the right little
finger" (n the petition the aver&ent is that he is advised not to &ove his right hand for so&e
days" (n the &edical certificate it is stated that he is advised to take rest for four days fro& that
very day! i"e! 16th June! 1986" Therefore! ( cannot accept such state&ent" *oreover it is to be
seen that fro& 16th June! 1986! four days &ean upto 19th June! 1986" Therefore! according to
such alleged advice! he was to take rest upto 19th June! 1986" 'ccordingly he could not have
&oved such application before @4th June if such &edical advice was correct" #ut this application
was &oved on 18th June! 1986! by the petitioner in person" (n &y opinion! this is not a genuine
ground" 8urther ( a& not satisfied that such a s&all in,ury could have prevented the petitioner
fro& filing the application in 5ourt on 17th i"e"! the last day of li&itation" :n the 18th inst" he
appeared in 5ourt and &oved the application in person" 8ro& &y personal observation also! (
a& satisfied that there was no in,ury which could disable hi& fro& &oving any such application
on 17th instant"
3o far as the application for review is concerned actually it is a &e&orandu& of review" (t is
to be pointed out that there is no application in support of the said &e&orandu&" The only
application filed along with the &e&orandu& is that application for condonation of delay" There is
no prayer therein for issuing a rule or for any order directing the hearing of the application for
review" There is no aver&ent in the said application also so far as review is concerned" Though
it is stated in the &e&orandu& of review that it is an application for review! there is in fact no
such application"
The power of review is to be e)ercised very sparingly" This court in its writ ,urisdiction has
undoubtedly got the power to review its ,udg&ent" #ut there are li&its to the e)ercise of such
power"
The petitioner seeks to invoke the power of review based on :rder 97 Bule 1 $1% of the 5ode of
5ivil 2rocedure" The said Bule is set out hereinbelowG
1 $1% 'ny person considering hi&self aggrieved
$a% by a decision on reference fro& a 5ourt of 3&all 5auses fro& which no appeal has been
preferred!
$b% by a decree or order fro& which no appeal is allowed!
$c% by a decision on a reference fro& a 5ourt of 3&all 5auses! and who! fro& the discovery of
new and i&portant &atter or evidence which! after the e)ercise of due diligence! was not within
his knowledge or could not be produced by hi& at the ti&e when the decree was passed or order
&ade! or on account of so&e &istake or error apparent on the face of the record! or for any other
sufficient reason! desires to obtain a review of the decree passed or order &ade against hi&! &ay
apply for a review for a review of ,udg&ent to the 5ourt which passed the decree or &ade the
order"
3uch power &ay not be e)ercised on the ground that the decision was erroneous on &erits" That
would be the province of a 5ourt of 'ppeal" ' power of review is not to be confused with
appellate power which &ay enable an 'ppellate 5ourt to correct all &anner of errors co&&itted
by Trial 5ourt" Beference &ay be &ade in this connection to the decision in the case of A; T;
Sharma -vs- A;5; Sharma reported in '"("B" 1979 3"5" 1497"
(n the case of Thuna"hadra Industries - vs - The Go-ernment of Andhra 5radesh reported in
'"("B" 1969 3"5" 1A7@ it was pointed out that there was a distinction which is real! though it &ight
not always be capable of e)position! between a &ere erroneous decision and a decision which
could be characterised as vitiated by error apparent" ' review is by no &eans an appeal in
disguise whereby an erroneous decision is reheard and corrected but lies only for patent error"
>here without any elaborate argu&ent one could point to the error and say here is a substantial
point of law which stared one in the face and there could reasonably be no two opinions
entertained about it! a clear case of error apparent on the face of the record would be &ade out"
(t has to be pointed out that in the present case in the &e&orandu& of review altogether eight
grounds have been taken" :ut of that ground nos" 1 to 6 and ground nos" 7 and 8 are the
grounds challenging the correctness of &y decision" This &ay or &ay not be ground for appeal
but not a ground for review" 3o far as the ground no" 6 is concerned! there is no &erit in the
sa&e" There is no question of error apparent involved" 8urther whatever point was raised on
behalf of the petitioner was recorded by &e and dealt with by &e"
(n &y opinion no case has been &ade out by the petitioner for e)ercise of such power" There is
no &istake apparent fro& the ,udg&ent for the purpose of review" (t is stated that it is also being
filed due to the discovery of new and i&portant &atter or evidence which! after the e)ercise of
due diligence! was not within the knowledge of the person seeking the review or could not be
produced by the applicant at the ti&e when the &atter was heard" 's ( have stated! no
application for review has been &ade stating the alleged new and i&portant &atter and alleged
e)ercise of diligence" 's ( have already stated there is no other application e)cepting one
application for condonation and another being a &e&orandu& of review though described as an
application for review"
8or the aforesaid reasons these applicationsJ&e&orandu& are &isconceived and they are
re,ected in li&ine"
(t &ay be recorded that today a written sub&ission has been placed before &e which &ay be
kept in the records"
3dJ-
$#"5" #asak%