An uttar Pradesh-based advocate has filed a petition in a Bulandshahar court,demanding legal action against Chand Mohammed and his second wife Fiza for hurting religious sentiments. The petition has been admitted and is listed for hearing in the court of Additional District Judge Hetram Saini on April 20.
Advocate Pawan Kumar Gaur has said: The two have committed an offence under Section 295-A of the Indian Penal Code. The provision clearly states that whoever,with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India,by words,either spoken or written,or by signs or by visible representations or otherwise,insults or attempts to insult the religion or the religious beliefs of that class,shall be punished with imprisonment of either description for a term,which may extend to three years or with fine or both. Gaur has quoted several Supreme Court judgments to strengthen his plea. The petition states: You are a Hindu by birth. You marry,have children and then divorce your wife to fulfill your personal motives or intentions. Then you choose to convert to another religion and marry again. What is it,if not making a mockery of religion?
Gaur had earlier moved a similar petition in the court of Chief Judicial Magistrate Ahsan Hussain,which was dismissed on the grounds that it did not fall in the jurisdiction of the Bulandshahar court.
Following the dismissal,Gaur had moved a revision petition in the court of Additional District Judge A K Sharma,who later transferred the petition to the court of Justice Hetram Saini for admission.
I dont know Fiza and Chand,but I have learnt from media reports that they were married before converting to Islam. Both divorced their spouses and then got together,by converting to Islam. Will Chand convert back to Hinduism for going back to his first wife; or will Fiza retain her original religion? questioned Gaur.