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 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 Opposition party, namely Sonia Gandhi and Rahul Gandhi, who were summoned as accused in the National Herald case, and who had much higher degree of security threat had appeared before the court of law without any kind of inconvenience being caused to any one,” 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 servant and damage to public property in 2001.
“It appears the petitioner is trying to take advantage of his being the head priest (Shahi Imam) of Jama Masjid, representing a particular community and is trying to brow beat the powers of the courts under a fictitious and imaginary threat of an outburst of communal tension and unrest.
He is not above law. Playing the religious card is the worst. It is said that Arvind Kejriwal CM of Union Territory of Delhi has given instructions to withdraw the case. Returning the favour at what cost, Mr.Kejriwal.
Recalling down memory lanes, so many cases were filed against him and his father Abdullah Bukhari also but in any of the cases, he never appeared, though courts had issued non-bailable warrants against him but Delhi Police under the instructions of the then governments didn't follow the court orders. Will the present government show the courage to reopen those cases, closed by the previous governments?
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