Court refuses to drop case against Naib Imam - The Indian Express

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Contending that the charge against Naib Imam of Jama Masjid, Syed
Ahmed Bukhari, was very serious and challenged the very existence
of the State, a Delhi court today declined to drop a case of
sedition pending against him. The court ruling came in the wake of
prosecution's request for withdrawal of the case against the Imam.
Rejecting the application, Vinod Kumar Sharma, Metropolitan
Magistrate, said: "The accused has challenged the very existence of
State. I am at a loss to understand what are the considerations or
compulsions before the State that the present case is being
withdrawn."

Three years after the case was registered against Bukhari, the
prosecution moved an application saying that withdrawal of the case
is in the "interest of justice and will promote public peace and
harmony amongst the different sects of society". However, the
prosecution could not objectively explain to the court what is
meant by "in the interest of peace". The Magistrate observed that
in the democratic system of society, there may be "political
considerations in the guise of public peace and harmony". Saying
that the charge against the Naib Imam hit at the roots of the
State, the MM said "If the State withers away, political activities
will come to an end. As per the charge, the accused had made an
attempt to overthrow Government established by law and had
challenged the sovereignty of the State," "No individual can be
allowed to challenge the very existence of the State," he ruled.

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