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5. Affidavit in Opposition

(5)

AFFIDAVIT IN OPPOSITION

Government of West Bengal
Office of the Advocate-on-Record,
5, K.S. Ray Road, (2nd floor)
Calcutta - 1

No. AGR/985/85.

Dated the 29th April 1985.

From:  Shri R.C. Deb, 
Advocate-on-Record, West Bengal.

To: Shri Chandmal Chopra, 
25, Burtolla Street, 
Calcutta - 7.

Matter No. 297 of 1985
Chandmal Chopra & Anr.
-vs-
State of West Bengal
- - - - - -

Dear Sir,

Enclosed please find a copy of the affidavit in opposition to be filed on behalf of the respondent.

Yours faithfully,
Sd/-
(R.C. DEB).

Enclo: As stated.
RCD/SP.
 

MATER NO. 297 OF 1985
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
(ORIGINAL SIDE)
- - - - - - - - - - - - - -

In the Matter of an application under Article 226 of the Constitution of India and Writs, directions and orders there-under.

AND

In the Matter of Section 95 of the Code of Criminal Procedure, 1973.

AND

In the Matter of Sections 153A and 295A, Indian Penal Code.

AND

In the Matter of the Koran, an Islamic book, published and sold in India in the original Arabic and in its translations in Urdu, Bengali, Hindi, English, etc.

AND

In the Matter of:

1. Chandmal Chopra, son of late Tikam Chand Chopra, aged 53, at present residing at 25, Burtolla Street, Calcutta - 7 and 

2. Sital Singh, son of late Lal Singh at present residing at No.1, Munshi Sadruddin Lane, Calcutta - 7.

Petitioners

- Vs -

The State of West Bengal, represented by Secretary, Department of Home, Government of West Bengal, having his office at Writers� Building, Calcutta - 1.

�        �         Respondent

I, TIMIR HARAN SEN GUPTA, Deputy Secretary, Home Department, Government of West Bengal, residing at Saptarany Flat 9, 1113 Old Ballygunge, 2nd Lane, Calcutta - 19, solemnly affirm and say as follows:

1. I am competent enough and have been duly authorised to affirm the affidavit.

1a.  I state that according to the Islamic belief the Holy Quran is a Divine Book.  It contains the words of God Almighty revealed at His last Prophet Muhammad.  The verses of the Holy Quran were revealed on the happenings of particular events and its each and every verse has a connotation of its own and on different and separate background.

2. I further state that as the Holy Quran is a Divine Book, no earthly power can sit upon judgment on it and no Court of law has jurisdiction to adjudicate it.  The Holy Books like the Quran, the Bible, the Geeta, the Granth Sahib, etc., or their translations cannot be the subject-matters of adjudication in a court of law.  All Holy Scriptures are immune from judicial scrutiny.

3. I submit that this Hon�ble Court has no jurisdiction to pronounce a judgment on the Quran, the Holy Scripture of the Muslims all over the world, each and every word of which, according to the Islamic belief, is unalterable.

4. There is, as far as known to me, no country in the world where there are no Muslims practising their religion, not to mention the countries where the whole population believe in Islam and the Holy Quran.  From the time of British Rule and since Independence, inspite of the Indian Penal Code being in existence, there has never been such an application in any court in India.

In view of the aforesaid submission I am not dealing with any of the allegations in the said petition.

5. The instant Writ application has been filed with malafide and ulterior motives and should be dismissed with costs.

6. That the statements contained in paragraphs 1, 1a, 2, 3, 4 and 5 hereof are submissions to this Hon�ble Court.

Sd/-
(Timir Haran Sen Gupta).