23, CANNING LANE, NEW DELHI-110001
January 2, 2013
DCP PARLIAMENT STREET
PARLIAMENT STREET POLICE STATION
SUB: REGISRATION OF CASE UNDER Section 153A
This highly inflammatory speech made by Mr. Akbaruddin Owaisi of MIM and member of the Andhra Pradesh Legislative Assembly was delivered on December 24, 2012 in Nirmal town of Andhra Pradesh.
The whole speech is highly objectionable, inflammatory against the Hindu religion and against our cultural heritage. It is a strong attack on the values of our constitution, democracy and secular values. Such obnoxious speeches divide society, vitiate peace and lead to conflicts and riots.
I request you to immediately register a case against Mr Akbarudddin Owaisi under section 153 A of the IPC. I request you to take exemplary action in this very serious matter to ensure that such intolerable acts are never repeated again, anywhere by anyone and secure peace and harmony in the country.
This speech falls under this section as it has clearly causing enmity between different groups on grounds of religion and is causing a threat to communal harmony.
Indian Penal Code (IPC)
1[153A. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.—(1) Whoever—
(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 or 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, 2[or]
2[(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 of 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 it to be likely that the 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 group 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) Whoever 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.]
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-bailable—Triable by any Magistrate of the first class—Non-compoundable.
Punishment—Imprisonment for 5 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.