New Delhi, Nov 27: 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” threat?of?communal 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.Also Read - Process for Mosque Construction Begins in Alternative Land for Babri Masjid
“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. Also Read - Ayodhya Mosque to be Dedicated to Ahmadullah Shah, a Leader of Indian Rebellion of 1857
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. “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. Also Read - Ayodhya Mosque to Look Like Mecca's Kaaba: Trust
“The?petitioner,?like?any?other?ordinary?citizen?of India,?is?liable?to?be prosecuted?and?tried?by?the?court?in? accordance?with?law,?to?meet?the?ultimate?fate?of the?criminal case?registered?against?him?like?any?other?accused,” 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”.