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Judgment
Upon reading the judgment in what is known as the Khutba case, I have taken up in revision under Section 439 Cr.P.C. the I have not issued any
notice to the accused Khem Chand, SubInspector because I do not propose to pass any orders to his prejudice. The judgment came to my notice
during the proceedings of the Inquiry Committee of which I was President and I had no time to attend to the ordinary judicial work of the High
Court until the report of the committee was submitted recently to His Highness the Maharaja Bahadur.
At the end of page 8 of the copy of the judgment attached to this order, it will be observed that the Additional District Magistrate Pt. Thakur Dass
held that the SubInspector entitled to a discharge on the ground that he had acted in good faith in the lawful discharge of his duty. I have no quarrel
with the judgment upto that time. The Additional District Magistrate then without necessity proceeded to inquire further whether Khutba (address
from root khatib I confront) was part of the Mohammedan religion ceremonial or not. I think that the Additional District Magistrate was unwise in
considering this question in the abstract. When the preacher confronts the congregation in a Christian Church is part of the rituals of that church. If
a Christian clergyman in the midst of his sermon is impeded by a stranger from giving utterance to his admonition to his congregation the act of the
stranger will certainly be interpreted as a disturbance of a religious assembly and liable to punishment under Section 296 of the Indian Penal Code.
It may be that the thoughts of the congregation are not centered in the Divine Being the time of the Khutba or sermon as it is during the direct
invocation for mercy and guidance in prayer to the Creator of all things. Naturally the Khutba or sermon is an admonition regarding morality in
things temporary and not a supplication to ""Our Father which art in heaven"" as to mercy in a future spiritual life. The temporary morality at the same
time is a step to the spiritual life and the one cannot be divorced from the other. The prayer is a matter of faith as in the opening lines of Tennyson's
in Memoriam
Whom we that have not seen. They face, By faith and faith alone embrace, Believing where we cannot prove.
The sermon or Khutba is a worldly preparation for that faith. The two are inseparable as in every religion this life is but a progress to a higher and
better life. I may be forgiven in quoting the Christian religion for comparison education and upbringing and therefore my thoughts are more
influenced by that religion outside my own religion that by the Mohammedan religion. In my opinion the same reasoning will apply. I direct that
rather judgment of the Additional District Magistrate may be cancelled after page 8 of the copy attached to this order and I specifically rule that
Khutba is part of the religious ritual or ceremony of the Mohammedans.
I have considered the matter entirely in the abstract and my observations apply to the Khutba of a Mohammedan Imam who understands the
responsibility and gravity of his religious position like any other position of trust and confidence, that position may also be abused but will be an
individual matter to be decided on the merits.
All I have controverted here is the opinion of the Additional District Magistrate that a Khutba even when properly preached is not part of the
Mohammedan ceremony of religion.
This order shall be printed in the earliest possible issue of the State Government Gazette.