The application was filed by Syed Qasim Rasool Ilyas, the president of the Welfare Party of India and a member of the central advisory council of Jamaat-e-Islami-Hind under Section 156(3) of the Criminal Procedure Code.
Chavhanke in the event was seen administering an oath to a group of people to “die for and kill” to make India a “Hindu Rashtra” (Hindu nation).
Ilyas claimed that Chavhanke made imputations against the members of the Muslim community including statements like “chaar chaar biwiyaan aur chawalis bachhe karke, Hindustan par ghazwa-e-hind karne par koi kasar nahi chhodi hai.”
The plea prayed that the accused must be charged under Sections 153A (promoting enmity between groups and acts prejudicial to harmony), 153B (imputations prejudical to national integration), 295A (deliberate, malicious acts to outrage religious feelings), 298 (deliberate utterance to wound religious feelings), 504 (intentional provocation to breach peace), 505 (intent to incite) and 506 (criminal intimidation) of the Indian Penal Code.
Ilyas stated that it is settled law that anybody can set criminal law into motion, and there is no concept of locus standi in criminal law at the stage of providing information in relation to cognisable offences.
Source: Barandbench
