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12. That book Satyarth Prakash was written by Mahrishi Dayanand Saraswati before 135 years ago at that time constitution of India was not enforced in the country. Now constitution of India provides guarantee to freedom of speech in its article 19 but with certain restrictions. Right of freedom cannot be used to defame any one, to outrage and wound the religious feelings of citizens and to disturb fraternity among the citizen. These acts are punishable under Section 295-A and 298 IPC. 13. That for last few months defendant is distributing the book Satyarth Prakash on production cost or free of cost in the area of Delhi and all over India. Plaintiffs got this book from the representatives of the defendant free of Cost in Hindi and English and in Urdu and read over the same. Plaintiffs feel that this book is, injurious, out religious and wounding to their believe and faith in their religious feelings. 14. That not only regarding Quraan Sharif but regarding Holy books of other religion also the language used by author of book is provacating anger among the communities. 15. That on 19.12.2007 plaintiffs approached and consulted with spiritual leaders of Muslim citizens their names are mentioned in para no. 6 of these present. These spiritual leaders represent whole muslim community of India and muslim peoples of all world. They have opinion and consulted that publicity of this book injurious, life being defamatory, insulting, outrageous and wounding to the religious feelings of all Mohammadans and liable to be restrain resorting the recourse of court of law. 16. That publication of Satyarth Prakash by defendant when will came to knowledge of people in Mohammadan then it can disturb the peace harmony and fraternity among the society and then loss and damage can not be calculated and compensated in the terms of money. 17. That there is prima-facie case against the defendant and in favour of plaintiffs, convenience of suit is also in favour of plaintiff. 18. That cause of action arose on 19.12.2007 when plaintiff came to know when the injurious contents of book Satyarth Prakash came to know about injurious contents of book Satyaarth Prakash to their religious faith believe and feelings and got consent from their spiritual leader to file present suit against publisher and printers defendants. Cause of action subsists continue with publicity of the book in present and future. 19. That this Hon'ble Court has jurisdiction to hear and entertain the present suit as cause of action to sue arose at Delhi within territory of this Hon'ble Court. Hon'ble Court has territorial and pecuniary jurisdiction in present case. 20. That the value of the suit for the purpose of jurisdiction and fixation of court fee is assed Rs. 130/- for relief of perpetual Injunction and Rs. 200/- the relief of declaration, on which prescribed court fee is affixed. PRAYER: It is therefore before this Hon'ble Court that the suit may pleased be decreed in favour of the plaintiffs and against the defendants passing decree of :- (i) PERPETUAL INJUNCTION:- Perpetual Injunction may pleased be passed in favour of plaintiffs and against the defendants restraining the defendants from publishing-printing, distributing the book Satyarth Prahash @ Light of Truth or in any other name. (11) Declaration :- Declaring that publication, printing, distribution of book Satyarth Prakash is injurious to the religious faith and feelings of Mohammadan Community having objectionable comments on Prophet-Mohammed Sahib. Any other further relief may pleased be granted to the plaintiffs for which they may pleased be deemed worthy off. In the interest of justice. PLAINTIFFS THROUGH Sd/- In response to the above petition Swami Agnivesh JI was moved to issue the following clarification Statement by Swami Agnivesh President : Savadeshik Arya Pratinidhi Sabha (SAPS) (World Council of Arya Samaj) ——————————————————————————————— New Delhi, 9 April ‘08 Couple of days ago, I procured a copy of the petition filed by two petitioners belonging to the Muslim community, in Delhi’s Tees Hazari Court seeking a ban in perpetuity on Maharishi Dayanand’s revolutionary Magnum Opus – Satyartha Prakash – banning its printing, publishing and distribution etc. Sarvadeshik Arya Pratinidhi Sabha through its President, 3/5 Maharishi Dayanand Bhavan, Ramlila Maidan, New Delhi has been made the first defendant along with six others. Therefore it has fallen on me and my worthy colleagues in SAPS to defend the declaratory suit. (Since no official notice has so far been served to the Sabha – Dr. Suraidra Kadian obtained the copy of the summons from Shri Ajay of Govindram Hasanand.) While no stone will be left unturned to win this historic legal battle, I am glad to see that there is an upsurge of solidarity and closing of ranks not just among the learned in Arya Samaj but also cutting across religious affiliations. I have spoken to Sanatan Dharma Acharya Swami Avadheshanand Giriji Maharaj of Juna Akhara and to Christian intellectual Rev. Valson Thampu and to a scholar of Islam, Shri Anjum Rashid, to Bhai Daya Singh who is known for his efforts to bring Arya Samaj and Sikh Samaj closer and to host of others and each one of them has promised his fullest solidarity. I am sure in the coming days and weeks this trickle of support and solidarity will become a torrent. I am tempted to see this petition as a God-sent opportunity for the global movement of Arya Samaj to reinvigorate itself for upholding The Light of Truth against all the calumny and the dark forces of untruth and bigotry. I am equally tempted to order publication of a minimum one hundred thousand (1,00,000) copies of Satyarth Prakash – Light of Truth and sell it at subsidized rates (funds permitting) for the whole world to celebrate The Glory of Truth and glory to Maharishi Dayanand ! This also gives us a golden opportunity to reassert the fundamental human right of Freedom of Expression. And in this respect, we should draw comfort from the fact that an earlier attempt by some fundamentalists to seek a similar ban on Satyarth Prakash in the erstwhile Hyderabad-Sindh was completely frustrated. The precedence is something we can be proud of. We also need to take all precautions to not let this debate around the case take any communal or violent turn and no one should be allowed to hijack it for any narrow political gain. That will be in line with the purely non-sectarian and non-communal approach of Swami Dayanand himself. Without losing any time, tomorrow, i.e. 10 April ’08, the Executive Body Meeting – Antarang Sabha of SAPS to be held on the bank of Ganga at Haridwar, will adopt a resolution to the above effect and on the following days of 11th & 12th April the first conference of Vaidic Virakta Mandal under the patronship of Swami Vivekanandji of Prabhat Ashram, under the Chairmanship of Swami Sumedhanandji of Chamba and under the auspices of Yog Dham of Swami Divyanand, all the eminent sanyasis and vanprasthis of Arya Samaj will deliberate on this issue and adopt a plan of action. Let us unite and join hands to uphold the glory of Satyarth Prakash and Light of Truth. I am anguished to see some unwarranted and uncharitable remarks about me in some emails alleging my hand behind this infamous petition. Such mischievous elements will only weaken our resolve to fight and stand united. Let us weed out such Kharpatwar and stay firm in our resolve. While the Nyaya Sabha President Shri R.S. Tomar (Advocate) is already seized of the matter, we will soon constitute a committee of learned scholars and eminent lawyers to monitor the case and we will keep you posted with developments. We shall fight – we shall overcome! ************************** |