Awadesh Kumar, Advocate, aged about 40 years, Son of Sri

Ram , Resident of 127/612, Vinowa Nagar, Juhi Depot,

Kanpur Nagar.
1. Union of India, through Secretary, Ministry of Home
Affairs, Govt. Of India, New Delhi.
2. State of Uttar Pradesh, through Secretary, Homes,
Government of U.P. Secretariat, Lucknow.
1. That the petitioner is Ex-Air Force Personnel, who
took voluntarily retirement on 31-8-2005. The
petitioner on account of his qualification of law
graduate, which he has done prior to joining his
services as Airman in Indian Air Force, has been
enrolled as an Advocate with U.P. Bar Council. His
enrolment number is 5254 of 2005.
2. That the present writ petition is filed in the
terms of section 95 Cr.P.C. read-with Sections
153-A and 295-A of I.P.C., wherein a public duty
is casted upon the Central Government and State
Govt. to forfeit every copy of Koran, also spelled
as ‘Quran’. The so called religious book of the
Muslims the world-over, which insides violence,
disturbs public tranquility promotion, on the
grounds the religion, a feeling of enmity and ill-
will between different religious communities and
thereby insults other religions and religious
belief of other communities in the secular of
India.
3. That for the convenient perusal the section 95 of
Cr.P.C. and the provisions of section 153-A an
295-A of I.P.C. are reproduced as under :-
“95, Power of declare certain publications
forfeited and to issue search-warrants for the
same—(1) where-
(a) any newspaper, or book, or
(b) any document,
 wherever printed, appears to the State Government
to certain any matter the publication of which is
punishable under Section 124-A or Section 153-A or
section 153-B or section 295-A of the Indian Penal
Code ( 45 of 1860), the State Government may, by
notification, stating the grounds of the opinion,
declare every copy of the issue of the newspaper
containing such matter, and every copy of such book
or other document to be forfeited to Government, and
thereupon any police officer may seize the same
whenever found in India and any Magistrate may by
warrant authorize any police officer not below the
rank of sub-inspector to enter upon and search for
the same in any premises where any copy of such
search for the same in any premises where any copy
of such issue or any such book or other document may
be or may be reasonably suspected to be.
(2) In this section and in section 96-
(a) “newspaper” and “book” have the same meaning as
in the Press and Registration of Books Act,
1867 (25 of 1867);
(b) “document” includes any painting, drawing or
photograph, or other visible representation.
(3) No order passed or action taken under this
section shall be called in question in any Court
otherwise than in accordance with the provisions of
Section 96.”

“153-A. Promoting enmity between different groups

on grounds of religion, race, place of birth,
residences, language, etc. and doing acts
prejudicial to maintenance of harmony.- (1)
wherever-
(a) by words, either spoken or written, or by signs
or by visible representations or otherwise,
promotes or attempts to promote, on grounds of
 religion, race, place of birth, residence,
language, caste or community or any other
ground whatsoever, disharmony or feelings of
enmity, hatred or ill-will between different
religious, racial, language or regional groups
or castes or communities , or
(b) commits any act which is prejudicial to the
maintenance of harmony between different
religious, racial, language or regional groups
or castes or communities, and which disturbs or
is likely to disturb the public tranquility.
(c) Organizes any exercise, movement, drill or
other similar activity intending that the
participants in such activity shall use or be
trained to use criminal force or violence or
knowing it to be likely that the participants
in such activity will use or be trained to use
criminal force or violence, or participates in
such activity intending to use or be trained to
use criminal force or violence or knowing to it
be likely that of participants in such activity
will use or be trained to use criminal force or
violence, against any religious, racial,
language or regional group or caste or
community and such activity, for any reason
whatsoever causes or is likely to cause fear or
alarm or a feeling of insecurity amongst
members of such religious, racial, language or
regional groups or caste or community,
Shall be punished with imprisonment which may extend
to three years, or with fine, or with both.
Offence committed in place of worship, etc.-
(2) Wherever commits an offence specified in sub-
section (1) in any place of worship or in any
assembly engaged in the performance of religious
worship or religious ceremonies, shall be punished
 with imprisonment which may extend to five years and
shall also be liable to fine.”
“295-A. Deliberate and malicious acts intended to
outrage religious feelings of any class by insulting
its religious beliefs – wherever, 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 with
both.”

3. That although according to the Islamic belief, Koran

( Quran ) is regarded as a divine book containing
the words revealed by prophet Mohammad. The verses
of Quran were in relations to the happening taken
place during the particular events and the
connotation of it has a different and separate back
grounds , than the present scenario based upon the
logical perceptions and that of intellectual
property rights.
4. That in the society, wherein the Rule of Law is
supreme, the perceptions of authenticity is based
upon the truthfulment of the statements and the
orthodox superstitions with the ideological
confrontation be wiped out in collaboration with
harmony between other sections of the society.
5. That the Muslims in India have seldom invited their
own people for the public discussions of their creed
in general. The effect of the preaching made by
their prophet and most of them have idolized the
verses of Quran at par with their religion. The
result of such pressure being exerted by vociferous
 activities upon rest of citizens in case one may
convince to have the introspection of the
repercussions of such preaching which ultimately
lead its followers and act of terrorism.
6. That such activities have been broadened to include
the memberships, support, assistance or furthering
the activities of some terrorists’ organizations.
The raising of funds intended for the purposes of
‘Terrorist Act’ has always provided an enumerable
loss to the life and property of the people
worshiping the other religion than Islam. Thus in a
secular estate such activities of terror may provide
a considerable loss to national assessed by
declining in the terrorist participation in
promotion of the financial assessed to out nation.
7. That the petitioner is seeking the direction from
the Central Government to declare such preaching of
‘ZIHAD’ for converting out nation as DARUL-E-ISLAM
by the recital of verses of Quran as detrimental to
the interest of the nation.
8. That the citizens having following of the other
religion of Hinduism, Buddhist and Jainism including
Jews, who are regarded to be “infidels” at the hands
of “believer” of Quran, have their right to know in
respect of their fault being committed by them on
account of their non-violent and peaceful a
domination of every religion. Thus there is no moral
and spiritual import except by a free and fourth
right discussion and the interpretation of verses of
Quran in its rights prospectives to the followers of
the Islam.
9. That a citizen who is properly informed regarding
the public opinion can only decide in the long run,
as to whether the Quran qualifies or not as a
religion scripture.
10. That by the mere reading of a few sayings of Quran –
37 which proclaims “ Preach cruelty, incite violence
and disturbs” public peace, while verse –17 saying
which “ Promote on ground of religion, feeling of
enmity, hatred and ill-will between different
religious communities in India”. The 31 saying
further proclaim, “ Insult other religious as also
the religious belief of other communities.
11. That secular pattern in behaviour of Muslim majority
in Bangladesh and Pakistan towards the Hindu
minority simply demonstrates the cruelty and
feelings of hatred amongst the fellow citizens in
keeping with the tenets of Islam.
12. That it is submitted that recent photos of
Bangladesh Hindus, who have been systematically
uprooted from their ancestral home land, even after
India had made great sacrifice for speculating
liberation for Bangladesh are mesirable, which is
apparent from perusal of photographs of Mass-killing
and gang-rapes conducted in Bangladesh. The copies
of photographs published in ------------ having
naked bodies of women lying slaughtered and victims
of rape, gang-rapes in the family of the Hindus
minority at Bangladesh and the treatment given to
the personnel of Border Security Forces are filed
herewith as Annexure no.1.
13. That on one hand the Hindus, Buddhist, Jainism stood
for non-violence, truthfulness, non-stealing,
chastity and non-covetousness, while the preaching
of Quran may puzzle them the adherents of another
religion of Islam based upon the cruelty, violence
and crime. Thus the concept of secularism as adhered
by our nation has become antithesis with the acts of
terrorism and recital of preaching from Quran.
14. That the similar issues were raised in the matter of
writ application no. 297 of 1985 in the
 constitutional writ jurisdiction at Calcutta,
wherein there was recital of the ‘SURAH & AYATEN’,
which are reproduced as Annexre No. 1
15. That it was submitted that communal strife and
conflicts in its orthodoxy may be seen at Pakistan
whose sizable number of Hindu population has been
obliterated through murder or through forcible
conversion. However, in the judgement passed by then
Hon’ble Mr. Justice Vimal Chandra Basak on 17th May,
1985 had observed that making such order as prayed
for would amount to abolition of Muslim religion.
16. That the problem is now aggravated by the facts that
unlike other communities, Muslim are highly orthodox
people and follow the sayings of Quran with
fanatical zeal as a result of which even the sizable
number of Muslim population can never have been
peace on the soil of our nation.
17. That even the Muslim Act founded by Baha’iulah in
Iran in 19th Century, whose 1 Millions followers are
living in India for spiritual unity, which is
uncomphertable with Quranic preaching has been
subjected to verse prosecution and the students have
been expelled from school and colleges in Iran. In
Shia nation and Sunni nation are themselves indulged
in violent conflict resulting in numerous death.
Thus a modified version of Surah and Ayat in the
preset context of communal harmony is required to be
given to its followers if the majority of the
citizens are save themselves for the vast communal
passions and religion fanaticism.
18. That the judgement given in Chanda Mal Chopra and
another Vs. State of West Bengal was based upon the
wrong premises that section 295-A does not penalize
any and every act of insult or attempt to insult the
religion or religious belief of class of citizen,
which are not perpetrated with deliberate and
 malicious intention of religious feelings of that
class. It was observed by the Hon’ble Court that in
its opinion it cannot be said that Quran offers any
insult to any other religion.
19. That the preamble of our constitution and Article 25
and 26 of our Constitution are providing freedom of
conscience.
20. That the preamble proclaimed India to be secular
states. However, it has been wrongly interpreted
that offending Surah and Ayate of Quran if being
forfeited from its publication and the recital may
deprive a section of people of their right of
thought expression, belief, faith and worship, such
action would amount to abolition of Muslim religion.
This has been a wrong findings which are totally
inconsistent with the offended verses of its Surah
and Ayat as reproduced above.
21. That the application of section 153-A is squarely
applicable for forfeiture and banning of the
offending Surah and Ayat enumerated in the Quran as
the same generates disharmony feeling of enmity and
hatred and also the ill-will between different
religion or community.
22. That it was observed in the aforesaid judgement of
Chopra case, while delivering the judgement by
Hon’ble Mr. Justice Basak that no untoward incident
has been reported till then for carrying on the
mutual enmity, hatred between section of the Muslim
minority and Hindu Majority incite violence as main
aim and object of Quran.
23. That the petitioner most respectable submits that a
lot of the terrorist activities have been sur-phased
by the followers of the Islam mainly on account of
preaching given in Quran, which has lead to the
violence of Bombay Blast case of 1993 by Daud
Ibrahim and Saleem, Ankaleshwar Temple blast,
 Killing the parliamentary attack, 11th September
Tower Attack in America, series of bomb blast inside
the railways compartments in Mumbai, Sankatmochan
Mandir blast and complete elimination of members of
other communities for territory of Jammu and Kashmir
and Godara blast are the evidence to demonstrate
that the decision given by Justice Basak has not
taken any probability of the happening mentioned
above and as such the present writ petition requires
to look into the facts of mass-acre and atrocities
committed upon the innocent Hindu citizens. It is
submitted that as the last word of prophet written
in Quran the Muslims are not ready even to enter in
argument or discussion while on the other hand there
has been recent judgement of Supreme Court of
Malaysia discouraging the bearing of turban by the
students, which was adopted on account of being warn
by prophet Mohammad. The true photo copy of the
judgement passed by three judges bench of Malaysia
Court is being filed herewith as Annexure no. 2 .
24. That the sources of Islam or Quran and Hadis, called
as Sullah, the Quran contains the prophet
“rebulation”., while Hadis are al that prophet
Mohammad did or said or enjoyed, forbade or did not
forbid approved or dis-approved. The Quran is Hadis-
mutawatir i.e. the tradition considered authentic
and genuine by all Muslims from beginning. The
interpretation used by its followers even in changed
context of the present days scientific invention and
in the light of 2 nuclear bomb invasions in two
other centuries is not correct interpretation, which
could have been said to be last word of prophet
Mohammad as if prophet Mohammad would have been
surviving today he would have not promoted Zihad in
way of prayer of Allah, nor “ infidel” so called
Hindus would have been burned or slaughtered in such
 a manner as the followers of Islam have started
practicing in the name of Quran.
25. That the vary revelation of the word Islam from
which the Muslim has been formed, the same drives
from “ AS-LAM’ meaning solution to other and peace.
Thus the meaning of infidel does not mean the fellow
of other religion, but those who does not believe in
any God and have indulged in the ruthless killing of
animals and other fellow citizens, the true
perceptions of the correct proposition of Surah and
Ayat may be understood by healthy discussions in the
matter. Thus every Hindu citizen has got the right
to know the meaning of the infidel and status of
Zimmis on which the Zaziya or capitation tax, was
realised by the force of arms during period of
slavery under the Mughals sub-ordination,
26. That there is another aspect of the matter regarding
the creation of quite painting by M.F. Hussain
proclaiming himself to he follower of Islam. In the
aforesaid paintings which have published and may be
seen by any Hindu citizen, there has been naked
goddess Durga and goddess Saraswati, Lord Rama
without his head and naked Goddess Sita sitting on
the thee of Raman and also on the tail of Hanuman.
Goddess Durgaji has been shown to the in coupling
with the tiger, while goddess Parwati is shown in
the union with the Elephant, while Lord Shiva is
said to have been watching upon them. Can it be
assumed that M.F. Hussain is a cynic or infidel, who
is suffering from seizophrenia with the sadistic
pleasure by assailing the sentiments of Hindu
citizen of our country. The naked photographs of our
goddess demonstrated in oil painting by M.F. Hussain
are filed as Annexure no.2.
27. That on one hand the Hindu is considered to be
tolerant for whom the misrepresentation is given to
 be co-ordis by the Muslims, if the Hindus may
start their counter aggressism by preparing the
suicidal Bomber upon Zama-Maszid and other mosque,
the repercussion may be much serious resulting in
the situation of riote Orson and Dona side. Thus in
order to provide a curve upon such happening
judicial review is required to be done regarding the
interpretation of offending Surah and offending
Ayate of Quran as the same may not be misunderstood
by its followers.
28. That the example of counter aggression has been seen
at Iraq wherein Saddam has been executed by the
American in his own country. It is submitted that
there may be vested interest of other nations who
remained opportunist to rule India on the policy of
divide and rule amongst its citizens. Thus the
------given by British for interpreting the Surah
and Ayate of Quran is neither beneficial for our
nation, nor the same is beneficial for Pakistan and
Bangladesh to demonstrate their displeasure on the
question of revaluation of truth amongst their
fellow citizens.
29. That it has been brought to the notice of the Most
of citizens that N.D.P.S. is used for providing the
illusionary atmosphere of Zannat for preparing
suicide bombers. It has been found that the
individual under going through brain-drain through
such illusionary perception was smiling just before
few seconds of the blast. Thus the conclusion is in-
escapable that the preaching of Quran to its
followers by some time generate themselves the
illusionary perceptions of providing the attainment
to the heaven if they voluntary sacrifice their life
in the name of Zihad as Allah ordered them for
killng of infidels. Thus the judicial activism is
required to be done for positive interpretation of
 such recital, otherwise slaughtering and thereby
plundering of innocent people may lead to the
counter aggression, which is not congenial for the
development of a Nation.
30. That Mahatma Gandhi in December, 1927 in face of
violent Muslim Mobs pointed out towards its
psychology from which Hindus have yet free
themselves---------
31. That in this manner Quran may never be regarded as
the holy book, nor the Muslim religion based upon
misconception of Zihad and Darul-E-Islam may never
be able to get the generation in the mind of Hindus.
The slogan of secularism and Sarvadharm Sambhawa, it
is submitted that the individual Afzal who attached
upon the Parliament has yet not been hanged under
the guise of getting the protection as a
repercussion of such hanging may not lead to the mob
violence, which was seen during the period, when the
cartoon of Mohammad was made in the remote country
at Denmark.
32. That it is true that Hindus have fought Muslim
invaders, who had locally established the Muslim
dynasties. However our previous rulers have
neglected to study the religious and ideological
motives of such invaders and speculation remained
unmindful of new phenomenon in their midst. Thus
scullery dissertation of disciples of great learning
may demonstrate the awareness-------
33. That the problem of Muslim phenatics who are the
followers of offending Surah and Ayate of Quran by
generating the concept of Zihad and Darul-e-Islam is
further magnified from the event of having the
parliament attack. It is submitted that on one hand
there is psychological fear generated in the mind of
people from such attack and Godhara killing, but
when in retaliation of act of terrorism, the counter
 aggressism was adopted by Hindu citizens in State of
Gujrat then the entire word including appeasement
policy of Government could not muster the courage of
depreciating the Godhara killing, but the retrial
after the acquittal of innocent citizens was further
ordered to have been taken place in different State
of Maharastra.
34. That it is threatening of mob violence under the
appeasement policy that despite the death sentence
awarded to Afzal for his heinous offence of sedition
through attack on Parliament, the Government of
India could not provide the execution of death
sentence. It is submitted that Chief Minister of
Jammu Kashmir Sri Ghulam Navi Azad have warned the
Central Govt. restraining from execution of Afzal
and the entire cabinet decision have yet not the
taken courage to hand the culprit of parliamentarian
attack under the garb of pendency of mercy petition
before his excellency the President of India. Thus
the policy enumerated in regard to such pattern-age
granted to the invaders indulged in terrorist attack
may only be reduced if the Hon’ble Court being
sentinel and guardian of majority of population may
grant the proclamation and forfeiture of offending
Surah and Ayatey written in Quran to rightful
conclusion through judicial interpretation.