The PIL filed by Indian Muslim Shia Isna Ashari Jamaat through Qamar Hasnani also prayed that Tyagi and Hindu seer Yati Narsinghanand be restrained from making ‘derogatory, demeaning and incendiary’ remarks against Islam, Prophet Mohammed and icons of the religion.
It also sought a ban on Tyagi’s book titled ‘Muhammad’.
However, a Bench of Chief Justice of India Uday Umesh Lalit and Justice S Ravindra Bhat said that such a plea cannot be entertained under Article 32 of the Constitution.
“You are asking somebody to be arrested and criminally prosecuted under Article 32 plea? If we proceed, then what happens to Lalita Kumari judgment? Have you filed a complaint,” the bench asked.
The petitioner said that it will drop the prayer for arrest and asked the Court to consider other prayers.
“These are not petitions cannot be entertained under Article 32,” the Court said while rejecting the plea.
“Petitioner at liberty to pursue an appropriate remedy. Plea dismissed,” the Court ordered.
The plea was filed through advocate Sachin Sanmukhan Pujari and drawn and settled by advocate Farrukh Khan of Diwan Associates.
The plea described Tyagi and Narsinghanand as a ‘threat to the security and integrity, the social harmony and public peace and to the law-and-order situation’ and therefore sought their arrest as a preventive measure.
In order to the buttress their case, the petitioner highlighted several instances wherein the two had made statements against Islam and sought to stoke communal passions and controversy.
Both have had proceedings for offences in the Indian Penal Code against them, and despite their criminal antecedents continue their anti-Islam behaviour till date, it was pointed out.
The plea stressed that the two respondents’ hatemongering actions have affected the right of the Muslim community to live with dignity, it was alleged.
Source: Barandbench
