‘Katl Wajib Hai’| Allahabad HC Refuses Bail To Maulana For Issuing Alleged Fatwa To Kill Jitendra Tyagi After He Converted To Hinduism
The Allahabad High Court has denied anticipatory bail to Maulana Syed Mohammad Shabibul Husaini, a Muslim scholar who allegedly issued a fatwa against Jitendra Narayan Tyagi alias Wasim Rizvi, as he converted his religion and accepted Sanatan Dharma.
Maulana allegedly issued a fatwa while giving a statement, “Katl Wajib Hai” (it is desirable to kill) on INN Channel on YouTube, where as per averments, the interview was for the purpose to mean that punishment for apostasy (conversion) is only and only murder and no one has the right to forgive him.
A bench of Justice Subhash Vidyarthi while refusing to exercise discretion of the Court in his favour by granting him pre-arrest bail, observed, “The applicant has stated in his interview that it is just to murder persons who were Muslims since birth and have changed their religion and he has the audacity to reiterate his stand on oath even before this Court. The aforesaid conduct of the applicant is prejudicial to public order and it certainly is extremely disturbing”.
Senior Advocate Jyotindra Mishra, appeared for the applicant and A.G.A. Prem Prakash Singh appeared for the State.
In the pertinent matter, as per the F.I.R. the informant-Jitendra Narayan Singh Tyagi, alleged that since he changed his religion and embraced Hinduism, he has been receiving life threats, and the statements of the applicant-Maulana in the video, is spreading hatred in the society.
The applicant contended that he is a scholar and spiritual person of Shia community of Muslims, and is engaged in imparting religious sermons. He further submitted that he has authored several books, and is only concerned with academics.
It was further argued that the applicant had not issued a fatwa as he has no authority to do so and whatever he stated in the interview, was stated “In the light of Shia school of thought, philosophy & jurisprudence”.
To affirm his stand, Maulana substantiated on the fatwa issued by Imam Khomeini to kill author Salman Rushdie.
“Wasim Rushdie, Wasim Rizvi, Wasim Tyagi or by whatever other name one may call the informant, since he was a Muslim and he adopted the Kufr, his murder is justified”, his statement read in the order.
The bench, after relying on the facts and the statements made, noted, “What prima facie from the aforesaid discussion is that the applicant claims himself to be an Islamic religious scholar and he has claimed that he had made the statements “In light of the provisions / sermon of Holy Quran and Islamic jurisprudence” and “In the light of Shia school of thought, philosophy & jurisprudence” but he has not referred to a single verse of the Holy Quran”.
While enunciating the fundamental right to propagate religion as enshrined in Article 25 of the Constitution of India, the bench further noted, “…The applicant does not have the right to propagate his religion in a manner which may result in an adverse effect to pubic order and he cannot propagate his religion in a manner which may be prejudicial to the health and well-being of the informant”.
A transcript of the Maulana’s interview held on YouTube, typed in devnagri script, was annexed with the application for anticipatory bail, which read,
“…Islam strongly dislikes Irtedad (apostasy), since apostasy is in direct conflict with Islam. There are two ways to go to Murtad (Apostate), one is Murtade Fitri and the other is Murtade Milli. Murtde Milli is the one who was not a Muslim earlier, became a Muslim and then became a Kafir (non-believer). Such a person is called Murtade Milli and repentance of such a person is possible. Such apostates will be ordered to repent and if he does not repent, then he is Wajibul Katl (it would be justified to kill him). The other kind is Murtade Fitri, i.e. one who was a Muslim earlier and if he wants to come back to Islam again, then such a person is not accepted in Islam and this person is called Murtade Fitri . The punishment for Murtade Fitri is only and only murder and no one has the right to forgive him. A Murtade Fitri who has rebelled Page 2 of 5 3 against Islam, his parents were Muslims or he himself was a Muslim, he was a Muslim by birth and he has adopted the Kuffr, now it would just to commit his murder”.
Cause Title: Maulana Syed Mohammad Shabibul Husaini v. - State Of U.P. Thru. Prin. Secy. Home Civil Secret. Lko. [Neutral Citation No. - 2023:AHC-LKO:40247]