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46 Controverting the aforesaid contention, Mrs. Kritika Kamal submitted that the impugned articles should not be appraised in today's context, but, should be seen in the backdrop of the circumstances that were obtaining in Coimbatore district at the relevant point of time. She brought to the notice of this Court that on 14.02.1998, a bomb blast occurred in the city of Coimbatore resulting in huge damage to lives and properties causing communal unrest. She contended that bombs were timed to coincide with the visit of Mr. L.K. Advani, BJP leader, to Coimbatore; prosecutions were launched and several people were convicted in those cases; in the aftermath of the bomb blast, the impugned articles have been written, published and circulated outside the mosque in question which would have had a deleterious effect on the even tempo of life, especially when the city was returning to normalcy. http://www.judis.nic.in Crl.A. Nos. 306 & 392 of 2012 47 Mr. Sankarasubbu contended that the author of the articles S.H.M. Mohideen has passed away and the other accused cannot be held vicariously liable for his acts.
61 The essential premise of Section 153-B IPC is to prohibit all acts whose effects are prejudicial to national integration. After all, Article 51-A(c) enjoins a citizen to uphold and protect the sovereignty, unity and integrity of India.
http://www.judis.nic.in Crl.A. Nos. 306 & 392 of 2012 62 As rightly contended by Mrs. Kritika Kamal, the averments in the two impugned articles should be seen in the backdrop of the situation that was obtaining in Coimbatore at the relevant point of time. To recapitulate, huge explosives were detonated in Coimbatore to coincide with the visit of Mr.L.K.Advani, BJP leader, to the city. Coimbatore became a cauldron of communal commotion. In the impugned articles, after comparing the plight of the Kosovo Muslims with the locals, the author has relied upon an isolated verse from the Holy Quran to create fear in the minds of the local Muslims that they could also face extinction and that they should be prepared like warhorses to jump into the battlefield. This Court is of the view that a complete reading of the impugned articles is bound to instill a feeling of insecurity in the minds of ordinary Muslims. The oft-repeated assertion that the Indian army is attacking Muslims and raping their womenfolk is, in the opinion of this Court, bound to create despondency and fear and as a sequel, excite passions and whip up ill- will and hatred against Non-Muslims as a measure of self-protection.