Shahi Imam of Jama Masjid Syed Ahmed Bukhari cannot take advantage of being a mosque head and try to browbeat powers of courts under "fictitious"and "imaginary" threatofcommunal tension, a court said while refusing to quash a criminal case against him.
While terming as "funny and hilarious" the ground of possible communal tension, it also rejected the Imam's contention that he has Z-Plus security and inconvenience would be caused if he was taken to face trial, saying in the National Herald case, top Congress brass including Sonia and Rahul Gandhi appeared as accused in a court here.
"It does not appear to be tenable because recently some senior leaders of the Oppositionparty, namely Sonia Gandhi and Rahul Gandhi, who were summoned as accused in the National Heraldcase,andwhohadmuchhigher degreeofsecuritythreat hadappearedbeforethecourtoflawwithoutanykindof inconveniencebeingcausedtoanyone," Additional Sessions Judge Lokesh Kumar Sharma said.
If such exemptions and exceptions are carved out in legal arena, none of the "so-called head priests" of any sect would ever be brought to the corridors of justice, the court said.
The remarks were made by the court while dealing with the Imam's revision petition against a magisterial court's May 2016 order rejecting an application by the prosecutor under section 321 (withdrawal of prosecution) of CrPC in a case of alleged assault on public servants and damage to public property in 2001.
"Itappearsthepetitioneristryingtotake advantage of his being the head priest (Shahi Imam) of Jama Masjid, representingaparticularcommunityandistryingtobrowbeat thepowersofthe courtsunderafictitiousandimaginary threatofanoutburstofcommunaltension andunrest.
"Thepetitioner,likeanyotherordinarycitizenof India,isliabletobe prosecutedandtriedbythecourtin accordancewithlaw,tomeettheultimatefateof thecriminal caseregisteredagainsthimlikeanyotheraccused," it said.
The judge also imposed a cost of Rs 25,000 on him with a direction to deposit the amount in Prime Minister's Relief Fund for "wasting the precious judicial time of the court".
(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)