Mecca-Masjid management should file writ in High Court for retrial & get filed petition in SCI. By Hem Raj Jain
18 Apr 2018
Indian Muslims should stop ditching Prophet Muhammad any more (ii)- Instead of appeal or review by ‘National Investigation Agency’ (NIA) against acquittal, the Mecca-Masjid management (MMM) should file writ under Article 226 & 227 of the Constitution in Hyderabad High Court (HHC) (iii)- MMM should quote Jesica case in this writ in High Court (iv)- Chances of success in High Court will increase if petition is filed in SCI for restoration of rule of law & secularism (v)- MMM & other socio-religious leaders of Indian Muslims should be serious about their loyalty to and faith in Islam.
Indian Muslims are not trying to understand that Hindus are suffering from suicidal tendencies where Hindus thinks that by destroying laws made by Hindu majority India will be beneficial for Hindus. Indian Muslims are also behaving in an irresponsible way when they do not realize that they not only are the only hope for the restoration of rule-of-law and secularism in India but also for bringing succor to tens of millions of Muslims weeping & bleeding all over the world especially in NAME region (including Syria etc).
People are advising Muslims that they should pressurize government to file an appeal against the April 16, 2018 acquittal of all accused in case of Mecca-Masjid blast which occurred on May 18, 2007 in which 11 people were killed and many more injured and 5 more killed in police firing after incident while trying to control the mob. This case got wide publicity because like Samjhauta express (a twice weekly train connecting India and Pakistan) blast, Malegaon cemetery (near Masjid) blast, Ajmer Dargah blast - this Mecca-Masjid blast was also allegedly carried-out by the terrorist organization of Hindutva forces (popularly termed as Hindu-terror or Saffron-terror). But what is intriguing in this case is that the judge (who acquitted all in this Mecca-Masjid blast case resigned immediately after he delivered this acquittal verdict) is being projected in print & electronic media as having political ambitions as reported also at
https://www.gangolli.net/2018/04/judge-who-delivered-the-mecca-masjid-blast-verdict-resigns.html AND https://timesofindia.indiatimes.com/india/judge-who-delivered-the-mecca-masjid-blast-verdict-resigns/articleshow/63786926.cms
It was the demand of Judicial-proprietary that when Judge Reddy (having political ambitions) was planning resignation immediately after said verdict then he should have recused from the case and should not have delivered this verdict especially in a case so sensitive (due to alleged Hindu-terror or Saffron-terror) being prosecuted by NIA which is under Government of India led by PM Modi of BJP (a part of Hindutva forces).
Hence instead of asking for appeal / review by NIA against said acquittal, the MMM should file writ under Article 226 & 227 of the Constitution in HHC for retrial [in this regard writ should not be filed in Supreme Court of India (SCI) because jurisdiction of High Court under Article 226 is much wider than jurisdiction of SCI under Article 32 (In addition to fundamental rights which only can be agitated in SCI the High Courts can issue writ for any other purpose. In case HHC does not grant remedy then later SLP may be filed by MMM in SCI for the enforcement of fundamental rights).
In this writ in HHC in addition to other points the MMM should mention that in case of Jesica Lal murder on April 30, 1999 (where all the accused were acquitted on February 21, 2006 and entire ethically-aware India including its media tauntingly said that ‘No body killed Jesica’) in review in Delhi High Court the accused were punished vide order dated December 15, 2006. But in this Mecca-Masjid blast case due to suspicious behavior of Judge Reddy the review (under section 482 of Cr.P.C) should not be filed in HHC rather writ under Article 226 should be filed for retrial so that not only accused can be punished by trial court itself but also secularism can be strengthen in India which will be immensely beneficial to Indian Muslims.
This writ in HHC will have tremendous chance of success if MMM also get filed a petition in SCI for the restoration of status-quo-ante of Babri-Masjid which was demolished in 1992 by Hindutva-forces in presence of the Observer of the SCI. Because thus Hindutva-forces have succeeded in destroying rule-of-law and secularism in India hence MMM should simultaneously try to get rule-of-law and secularism restored by petition in SCI which will tremendously increase the chances of success in this writ petition in HHC regarding Mecca-Masjid blast case retrial in trial court.
Once Indian Muslims get rule-of-law and secularism restored in India it will bring tremendous change in the political scenario of India in the favor of human rights all over the world. Which will motivate India to demand solution of problems in NAME region (including in Syria) where tens of Muslims are weeping and bleeding profusely [whereas the problems of these Muslims can easily be solved by getting election conducted in these unfortunate countries under the protection & supervision of UN Peace Keeping Force (UNPKF) and UN Election Commission (UNEC) with the assistance of also the International Political Parties (the IPPs, registered at UN) where India can easily provide millions of Indians (including martial) for UNPKF and UNEC].
It is hoped that not only MMM but the socio-religious leaders of Indian Muslims will stop ditching Prophet Muhammad any more as mentioned also at http://newsfrombangladesh.net/new/index.php/index.php?view=article&catid=28%3Areaders-opinion&id=2045%3Aditching-of-prophet-mohammad-by-muslims-now-facilitates-usa-to-please-modi&tmpl=component&layout=default&page=&option=com_content&Itemid=11 AND http://www.milligazette.com/news/15482-babri-masjid-muslim-leaders-are-going-against-themselves-and-islam and instead will file writ in HHC for retrial of Mecca-Masjid blast case and petition in SCI for the restoration of status-quo-ante of Babri-Masjid (before coming verdict in appeal in Babri-Masjid title suit in SCI).
If Indian Muslims think that it will serve the purpose then I am prepared to come to Hyderabad and Delhi for assisting in filing and contesting these writ petition in HHC and petition in SCI so that human rights and rule-of law not only in India but globally can be restored without any further delay.