After Taking Oath in Urdu, Aligarh BSP Corporator Beaten by BJP Corporators, Charged with Criminal Cases

The Uttar Pradesh police slapped a “non-bailable” case of “malicious intent of outraging religious sentiment” against lone Bahujan Samaj Party (BSP) corporator in Aligarh after he took oath of office in Urdu on Monday. He was charged under section 295 A of the Indian Penal Code (IPC) because the cops believe that his taking oath in Urdu led to “a possibility of breakdown of law and order”.

The case was registered against Musharraf Hussain at the Bannadevi police station on the basis of a complaint filed by BJP corporator Pushpendra Singh. It was alleged in the complaint that the BSP corporator tried to “disturb communal harmony”.

He also alleged that while every other corporator was taking oath in Hindi, Husain took oath in Urdu “with the intention to provoke and hurt religious sentiments of other people”.

Scuffle broke out during the swearing-in of newly-elected members of the Aligarh Municipal Corporation after BJP corporators allegedly created a ruckus when BSP and SP corporators took oath in Urdu. Some religious slogans were also raised during the fight. Hussain was allegedly beaten up.

Aligarh's new mayor Mohd Furqan of the BSP has reportedly appealed to the BJP to “accept defeat with grace and not fuel confrontation on emotive issues as this would derail all development work in the city”.

The police on their part defended their action arguing that taking oath in Urdu was not illegal but after Husain took oath in Urdu it “led to unruly and violent scene”. However, the cops are yet to register a case based on a complaint filed by Hussain, who alleged that he was beaten up on the day. Sources in Aligarh police said they were looking into Hussain’s complaint.

Constitutional experts have sharply reacted to the incident and said that there is “nothing wrong in taking oath in Urdu”.

“Slapping a case of “outraging religious sentiment” is nothing but idiotic. Urdu is the second official language in UP. It is mentioned in the 8th schedule of the Constitution as one of the languages. India does not have any national language. Hindi is an official language along with English. If someone speaks in his own language that he will do his duties faithfully and submit himself to the people of India, how does it matter whether he or she says it in Hindu or in English or in Urdu or in Marathi?” asked Dr Faizan Mustafa, vice chancellor of Hyderabad-based Nalsar University of Law.

“If I take oath in my mother tongue, which is also one of the Constitutional languages, how can you prosecute a person by arguing that I was trying to create hatred among people. I fail to understand in what direction we as a country are heading to,” he added.

He said many members take oath in Urdu in Parliament.

Apart from Dr Mustafa, other experts also unequivocally said that every elected is within his or her right of selecting a language recognised by the Constitution of the country.

Subhash C. Kashyap, former Secretary-General of the Lok Sabha, said there is “nothing wrong in taking oath in Urdu”. “No constitutional objection can be taken because Urdu is one of the Indian languages mentioned in the 8th scheduled of the Constitution,” he said.

SK Sharma, former secretary, Lok Sabha and Delhi Assembly, sees this case as an instance of “political vendetta and bullying”.

“A member of Parliament or legislative assemblies can take oath in any of the languages enshrined in the Constitution. He or she has to inform in advance to the presiding officer concerned about the language he or wants to use to recite the oath,” he said.

What has happened in Aligarh, he said, is nothing but “political vendetta and bullying”.

The standoff between the BSP and the BJP showed no signs of abatement ever since the BSP’s Furqan wrested the mayoral seat in civic elections earlier this month from the BJP, which had held the post for four successive terms.