State of M.P. vs Swami Rishi Kumar

Gulab C. Gupta, J.

This appeal, filed by the State by Special leave, is directed against the judgment dated 19-3-1982 passed by Shri S.S. Yadav, Judicial Magistrate, Class-I, Rewa in Criminal Case No. 313 of 1980 acquitting the respondent of offence punishable u/s 295-A of the Indian Penal Code The respondent along with one Shri Shyamsundar Trivedi was prosecuted for the aforesaid offence and acquitted. The appeal was filed against both of them. Unfortunately, the co-accused respondent Shri Shyamsundar Trivedi died during the pendency of this appeal and hence it survives only against the respondent.

Bhai Bhikhraj and Maniklal Sharma claiming to be the two original complainants also feel aggrieved by the judgment of acquittal and have preferred a revision u/s 297/401 Cr. P. C. against the same, which is subject matter of Cr. Revision No. 447/83 (Bhai Bhikhraj and another v. Swamy Rishi Kumar & another) Since this appeal and the revision arise out of the same judgment, both of them are being disposed of by this judgment.

The subject matter of the dispute is the complaint of the followers of Pranami Dharm propagated by Swami Pran Nathji and known as ''Nijanand Sampradai'', to the effect that the respondent by publishing the book named ''Nijanand Mimansa'' has maliciously insulted their religion and religious beliefs and has thereby committed an offence punishable u/s 295-A I.P.C. The respondent accused claims to be a Swami of Panch Matha, Rewa and, therefore, an important Hindu religious leader. It is ratber paradoxical that though both the complainants and the respondent-claim to be the followers of Hindu Religion, they are lighting against each other in the name of their own religion. However, the redeeming feature of the dispute is that both have approached the Court for redresal of their grievances indicating their faith in the secular character of the Court and administration of justice through it. Inspite of it, the Court feels that it would have been far better if they had themselves studied the historical development of Hindu Religion and philosophy. They would have been learnt that from time to time saints and religious reformers have attempted to remove from the Hindu thoughts and practices, elements of corruption and superstitions and that led to the formation of different sects. Lord Buddha started Buddhism, Lord Mahavira founded Jainism, Guru Nanakji Deo inspired Sikhism, Swami Dayanand founded Arya Samaj and Chaitanya Maha Prabhu began the Bhakti cult, all leading to the original Hindu thought and philosophy, pure and free from the superstitions. They would have also learnt that as a result of teachings of Swami Ramakrishna and Swami Vivekananda, Hindu Religions flowered into its most attractive, progressive and dynamic form. The teachings of these saints and religious reformers may indicate an amount of divergence in their respective views and ideas and yet underneath that divergency, there is a kind of subtle indescribable unity, which keeps them within the sweep of broad and progressive Hindu Religion. The philosophy, concept and principles evolved by different Hindu thinkers and philosophers would also establish that it was realised by Hindu religion from the very beginning of its career that truth was many sided and different view contained different aspects of truth which no one could fully express. This knowledge inevitably bred a spirit of tolerance and willingness to understand and appreciate the opponent''s point of view. That is how, the several views set-forth in India in regard to the vital philosophic contents are considered to be the branches of the selfsame tree This spirit of tolerance, if imbibed by the parties, would not only have avoided the unpleasant dispute, but would have also permitted both of them to contribute their best to the development of their religion--the Hindu Religion--to the best of their knowledge and ability However, life is not what it should be and the Courts are one of the agencies intended to remind the contesting parties of these basic principles of life Inspite of it, this Court is aware of its shortcomings and is undertaking this job in a spirit of dedication with a prayer that truth should ultimately prevail and the parties get enlightenment to rededicate themselves to the Path of virtue voluntarily chosen by themselves.

Facts of the case are rather short. Swami Pran Nath, a Hindu by birth, claimed to have received orders from his Guru Deochand to propagate the best in Vaishna v. Sampradai and for that purpose studied and compiled ''Kuljam Swaroop'' (Article-B). ''Kuljam Swaroop'' contains not only the teachings of Swami Prannath, but his views on various religious practices including that of Hindu Religion. On the basis of these teachings, Swamiji founded a sect known as ''Nijanand Sampradai'', which has its followers mainly in Madhya Pradesh and Saurastra (Gujrat) Some of the verses of Kuljam Swaroop are in Arabic, though their meaning and content are explained in Hindi. Late Shri Shyamsundar Trivedi felt that some of these verses amount to a direct attack on Hindu Religion and tend to promote Islamic teachnings. Fired by his enthusiasm to protect Hindu Religion from such an attack, he published'' Nijanand Mimamsa''(Article-A) pointing out how Swami Pran Nathji was an anti-Hindu and how he tried to insult and humiliate Hindu Gods, particularly, lord Vishnu He also brought out the fact that Kuljam Swaroop and Pranami Dharm were nothing, but a clever method of destroying Hindu religion and propagating Islam Soon after this book was published, the followers of Pranami Dharm felt that their religion and religious beliefs were distorted and a malicious attempt has been made to insult it This Pranami Dharm has its own temple at Panna (MP.). A complaint was filed by Maniklal Sharma, Secretary of the Board of Trustees of the said Pran Nathji Mandir Trust praying for action against the writer Late Shri Shyamsundar Trivedi and publisher, the present respondent. A similar report was also lodged by Bhai Bhikraj, a Journalist of Rewa. It further appears that because of this work, religious tempers mounted posing a threat to law and order situation The State Government, therefore, exercising its power u/s 95 Cr. P. C. forfeited this book by its order published in Madhya Pradesh Rajpatra dated 1st February, 1975. Later on, a chargesheet was filed against the respondent for offence as aforesaid.

The defence of the respondent Swami Rishi Kumar in the trial Court was that he has read ''Nijanand Mimimsa'' thorughly and honestly felt that it was the correct translation of ''Kuljam Swaroop''. According to him, he has written the foreword to the said book after having studied it and believed this translation of Late Shri Shyamsundar Trivedi to be correct and still feels that there is nothing wrong in the said writing He also submitted that he had never been the publisher of the book nor had he consented to its publication and his name as publisher was appearing unauthorisedly.

The learned trial Judge, on examination of oral evidence adduced by the prosecution and considering the contents of ''Kuljam Swaroop'', concluded that ''Nijanand Mimamsa'' contains correct translation of the said book. The learned Judge also concluded that from various verses of ''Kuljam Swaroop'', it can reasonably be said that Swami Pran Nathji was rightly doubted to be a Hindu. Since the learned Judge found that many of the verses were anti-Hindu, he held that it is reasonable to hold that Swami Pran Nathji was not a Hindu. Since the learned Judge felt that the book ''Nijanand Mimamsa'' was not an original work, but was translation of ''Kuljam Swaroop'', he held that it cannot be held that it was published maliciously to insult either the religion or religious beliefs of the followers of Pranami Dharm. That is how, it was held that the respondents have not committed any offence. They were accordingly acquitted honourably. That is how the matter is before this Court for its consideration.

As far as the respondent Swami Rishi Kumar is concerned, he is accused of not only publishing the book but also writing a foreword to it The offending portions of the foreword are said to be at pages X, XI & XII of the book. It is also submitted that pages XIV to XX contain distortions of the original teaching of Swami Pran Nathji and are intended to prove that he was a Muslim and anti-Hindu. Most offending portion is said to be the following appearing at pages XI & XII of the foreword :-

Similarly, at page-XIII, the following passage is said to be offensive :--

As far as the main book is concerned, it is said to be containing lot of untrue statements intended to create a prejudicial atomosphere against Pranami Dharm. It is submitted that the author has wrongly interpreted words ''Azazil'' as meaning Lord Vishnu and alleging that Swami Pran Nath was against Lord Vishnu. Reference has been made to pages 343 to 366 to indicate how wrongly the verses have been translated to create religious hatred. It is submitted that none of the verses even remotely referred to Lord Vishnu and yet the author had tried to show that they condemn Lord Vishnu in an obcene manner. According to the appellan and the complainants, these distortions have been maliciously made so that public in general become against Pranami Dharma. The effect of these writings had been, according to the appellant, not only to insult the basic religious beliefs of the followers of Pranami Dharma, but also the Dharma or religion itself. The complaints feel very seriously aggrived by the finding of the learned trial Magistrate that the book ''Nijanand Mimamsa'' contains true translation of verses of ''Kuljam Swarup'' and that Swami Prannath was perhaps a Muslim and not a Hindu. According to them, this is not only false, but also malicious, as not only Swami Prannath, but his ancestors were Hindus. On these facts, it is submitted that an offence punishable u/s 295-A of the I.P.C. has clearty been made out.

''Pranami Dharma'', according to Dhanidas (PW-L) is also known as ''Nijanand Sampradaya'' or Sect and was rounded between Samvat 1658 and 1752. Thoughot his Sect was founded by Swami Deochand, Swami Prannath is claimed to be its main propounder. Encyclopaedia of Religion and Ethics names it as Prannathist. According to it, it was founded an eclectic religion combining the best elements of Islam and Hinduism. According to Dhanidas (P. W. 1), the main philosophy of this Dharma is to treat every one else like oneself and share the joy and grief with them. The sect believes that man should live and act like ''the atma''. The ''Pranamis'', however, do not believe in idol worship nor do they believe in Hindu Philosophy of rebirth. Inspite of it, they worship the crown and the flute of Lord Krishna and celebrate several Hindu festivals. ''Rashleela'' credited to Lord Krishna, is their favourite festival and is clebrated every year on ''Sharad-purnima''. This ''rashleela'' is, however, performed by gents and boys only and ladies or girls do not participate in it (para-31 of P. W. 2). Followers of this Dharma do not, unlike Hindus, burn their dead bodies, but bury them in Samadhi posture (para-12 of P. W. 4). According to respondent Swami Rishi Kumar, lot of Hindus have become Pranamis, but no Muslim is known to have been converted to this Dharma in recent times. Hindus converted to this Dharma still follow their old Hindu living style and many of them even worship Gods and Goddesses. This respondent also admits that many Hindu Pranamis call themselves ''Dwivedi'' or ''Trivedi''.

It appears that the birth name of Swami Prannath was Shri Mebraj Thakur and the name ''Prannath'' was given to him by his Guru, Swami Deochand because of his Godly qualities. According to Dhanidas (P.W. 1), Prannath means ''Supreme God'' or ''Purna Parmatma'', who is not separated from Swami Prannath. That appears to be the reason why the followers of this Dharma treat Swami Prannath as the God himself and believe that the God entered into the body of Swami Prannath and through him explained the TRUTH contained in Vedas or Puranas and other holi scriptures. ''Kuljam Swarup'' contains the teaching of Swami Prannath and since he spoke voice of Lord Almighty, it is treated to be the most sacred book and is worshiped by the followers of this Dharma

The followers of this Dharma call themselves ''Dhamis'' because accoring to them, one of the names of the Supreme God is ''Dham''. Swami Prannath disallowed the use of intoxicating drugs, tobacco, wine, meat and unlawful visits to women and preached peace and charity (Encyclopaedia of Religion and Ethics, Vol. 10, Page No. 151).

''Kuljam Swamp'' consists of 18,758 ''Chawpaies'', i.e., verses, divided into 14 chapters. It is said that original of this book is kept at the temple at Panna and is worshipped every morning and evening. The original is in Hindi and Arabic and has not been translated athoritatively so for. According to Dhaniram, Arabic portions of this book, running from pages 409 to 510refer to some of the verses in Holy Koran and are claimed to have been included in the book to emphasise the ''unity of mankind'', which is the essence of teachings of Swami Prannath. Though, the respondent-Swami Rishi Kumar differs with Swami Prannath about the manner of establishing this unity of mankind, he also acknowledges that Swami Prannath wanted all men to belong to one religion and thereby achieve the unity of mankind (page 19 of his written statement). The ''Kuljam Swarup'', however, contains Hindi translation of Arabic verses, which according to Dhanidas (P. W. 1) bring out their true meaning and contents.

Swami Prannath travelled in India far and wide and preached the philosophy of his sect. It is said that once Swami Prannath reached Haridwar and met an assembly of saints and pandits of different sects of Hindu religion Several Maulawis and Faquirs were also present in the said gathering. Swami Prannath is said to have influenced leaders of both religions by his learned discourses and several persons of both religions became his followers. Because of his influence in both, Swami Prannath studied and understood the basic teachings of both religions and taking these basic teachings as his base, preached his philosophy of "unity of Godhood''. According to the book named "Maharaja Chhatrasal", published by Panna Government in Samvat 1981, since Swami Prannath founded his Sect as a result of basic teachinas of other religions, his own sect come to be known as ''Parinami'' or the result of all other religions This is one way how existence of verses from Holy Koran is explained in ''Kuljam Swarup''.

Swami Prannath is said to have been invited by Maharaja Cbhatrasal of Panna, who developed regard and reverence for the Swami from the very first day of his meeting. Maharaj Chhatrasal is believed to have drawn inspiration from the teachings of Swami Prannath and successfully fought against the Moghul Emperor Aurangzeb. Even the respondent Swami Rishi Kumar accepts that Swami Prannath gave a call to all concerned to fight to save Hindu religion from the onslaught of Emperor Aurangzeb and on his call, Maharaja Chhatrasal came forward to fight for it Maharaja Chhatrasal then appointed Swami Prannath as his ''Senapati'' or Commander-in-Chief. The respondent also states that Swami Prannath was not only a Faquir but also a warrior and used to participate in wars against Emperor Aurangzeb riding a white horse and brandishing sword in his hand. For this purpose, Swami Prannath declared himself as an incarnation of "Kalki'' (page 62 of his written statement). ''Kalki, according to Hindus, is the incarnation of Lord Vishnu and will be born to make an end of Kaliyug

Swami Prannath is said to have developed a large following in the area around Panna and established temples at Panna, Satna and Kutir, District Rewa (Para-13 of Dhanidas''s was as P. W. 1). According to Maniklal (P. W. 4), the temple at Panna was built in Samvat 1747 and Swami Pran Nath died in Samvat 1751 and is buried at Panna Because Swami Prannath took his Samadhi at Panna it is treated as a -Tirth Kshetra'' by the followers of this Dharma (Para-46 of the P W. 1). Panna trith is also called ''Padmapuri''. Besides Panna, the sect has its other important religious centres at Nitinpuri at Jamnagar and Mangalpuri at Surat At the present, the Dharma is said to have about 40 lakhs followers and a good number of them live abroad.

Besides ''Kuljam Swarup'', ''Beetak'' (Article-C) written by Swami Laldas is another important book of this Dharma. It is in Hindi, though words from Sanskrit, Arabic and Urdu have beed freely used in it. It contains not only the life history of Swami Deochand and Swami Prannath, but also gist of their teachings and descriptions of several ceremonies, which a Dhami is supposed to perform. ''Nijanand Mimamsa" (Article-A) has borrowed extensively from this book to prove that Swami Deochand and Swami Prannath were not Hindus and that ''Nijanand Sampradaya'' is an anti-Hindu Sect.

Evidence of witnesses examined by the prosecution establishes that inspite of several references to Holy Koran and Muslim Prophets and Imams, the Sect is a Hindu Sect, believes in Hindu Philosophy and practises basically the Hindu religion. Their evidence also indicates that Muslims do not treat this Sect either their own or even affiliated to them. No witness-has been examined in defence to prove that any effort was made by any Dhami at any time to annoy or insult Hinduism as such or Gods and Goddesses worshipped by Hindus. As noticed earlier, even the respodent Swami Rishi Kumar accepts that no Muslim has been converted to this faith in modern times. It is not suggested either to Dhanidas (P. W 1) or the two complainants responsible for these proceedings that any follower of this Sect either said or did anything to offend any one including the Hindus. On the contrary, the impression created in the mind of this Court by the evidence on record is that Dhamis mind their own business and lead their own life. No one has also placed anything on record to indicate that Dhamis have engaged themselves in the past in any religious disputes with any other sect of Hindu religion or with any other religion.

Since the defence of the respondent is that neither Swami Deochand nor Swami Prannath appear to be Hindus either by birth or by Sanskar, something more about these Swamis may be noticed. ''Nijanand Mimamsa'' (Article-A) contains the life history of the founder of Nijanand Sampradaya, Swami Deochandji[(Chapter-I). According to it, Swami Deochandji was born at village Umarkot (Marwar) on Kumar Sudi 14, Samvat 1638. His father Mattu Mehta (Kayastha) and mother was Kunwar Bai. He is said to have attained ''vairagya'' at the age of eleven and come to Bbojnagar in search of a Guru. Shri Hardasji of Radha Vallabhi Sampradaya acepted him as his disciple. It is also clear that later on, he got married and a son named Bihariji was born to him. After some time, he went to Jamnagar and continued preaching Bhagwat for about fourteen years at Shyamji''s temple belonging to "wallabh Sampradaya". This chapter is based on the life history of Swami Deochandji given in ''Beetak'' (Article-C) written by Swami Laldas. A reading of Chapter-I of Nijanand Mimamsa'' indicates that the author does not dispute the parentage of Swami Deochandji and, therefore, there should be no difficulty in holding that he was a born Hindu. These is also nothing in the book ''Beetak'' (Article-C) to indicate that Swami Deochandji renounced Hinduism at any time. On the contrary, is appears that he displayed faith in Lord Krishna and his teachings and adopted the same as the basis of his own teachings and the teachings of his Sampradaya. Under the circumstances, there should be no difficulty in holding that ''Nijanand Sampradaya'' from the very beginning was a Hindu Sect headed by Swami Deochandji, a Hindu by birth.

The second chapter of this book gives the life history of Swami Prannath. He was born at Jamnagar on Bhadra Badi 14, Samvat 1675 Kesheo Thakur was the father and Dhanbai was the mother of Swami Prannath. Shri Kesheo Thakur worked as a Diwan of Raja of Jamnagar. The author has quoted from ''Beetak'' to show that Swami Deochand asked Swami Prannath to take up the task of propagating beliefs of the sect. Swami Deochand appointed his son Bihariji as successor to the Guru Gaddi and asked Prannathji to be responsible for propagation of the philosophy of the sect. Again the author does not dispute the name of the father or the mother of Swami Prannath and yet in his own way, interpreting some verses of ''Beetak'', holds that the claim of Laldas that Swami Deochand was a Hindu and born of Kayastha Parents was false. By a similar logic, he also holds that claim of Laldas that Swami Prannath was a Hindu was false. Reading Chapter-2 as a whole and page-16 particularly, it would appear that the author reaches this conclusion only because none of 14 books written by Swami Prannath contain the statement that he was a Hindu. This Court finds no justification whatsoever for such an interpretation and feels that the author, who claims to be well versed in Hindu philosophy and teachings, has only displayed by such an interpretation, the vastness of his ignorance of Hinduism. A person born of Hindu parents does not cease to be a Hindu only because he recites verses from Koran or compares the Islam faith and pnilosophy with his own faith and philosophy.

The basic question as to who is a Hindu is not free from doubt. The historical and etymological genesis of the word ''Hindu'' has given rise to a controversy among Indologists, but the view generally; accepted by scholars is that the word ''Hindu'' is derived from the river ''Sindhu'' otherwise known as ''Indus'', which flows from Punjab. The people on the Indian side of the Sindhu were called Hindu by Parsian and western invaders and in this sense, it may seem to be representing inhabitants of a particular territory. But this is not what is relevant for our purpose nor is this meaning relevant generally today. Today, Hindus are those, who believe in Hinduism which reflects composite character of Hindus. Though, the details of this religion have been given by serveral sages and religious teachers from time to time, all these teachings have been considered and crystalised by our Supreme Court in Sastri Yagnapurushadji and Others Vs. Muldas Bhudardas Vaishya and Another, and S. P. Mittal v. Union of India and others AIR 1983 SC 1. The following passage appearing in para-129 S. P. Mittal''s case summarises the entire concept of Hindu Religion and philosophy :--

The Indian Mind has consistently through the ages been exercised over the problem of the nature of godhead, the problem that faces th spirit at the end of life and the interrelation between the individual and the universal soul According to Hindu religion, the ultimate goal of humanity is release and freedom from the unceasing cycle of births and rebirths and a state of absorption and assimilation of the individual soul with the infinite. On the means to attain this end there is a great divergence of views; some emphasise the importance of Gyana, while others extol the virtue of Bhakti or devotion, yet others insist upon the paramount importance of the performance of duties with a heart full of devotion and in mind inspired by knowledge. Naturally, it was realised by Hindu religion from the very beginning of its career that truth was many-sided and different views contained different aspects of truth which no one could fully express. This knowledge inevitably bred a spirit of tolerance and willingness to understand and appreciate the opponent''s point of view. Because of this broad sweep or Hindu philosophic concepts under Hindu philosophy, there is no scope for excommunicating any notion or principle as heretical and rejecting it as such. The development of Hindu religion and philosophy shows that from time to time saints and religious reformers attempted to remove from Hindu thought and practices, elements of corruption and superstition, and revolved against the dominance of rituals and the power of the priestly class with which it came to be associated; and that led to the formation of different sects In the teaching of these saints and religious reformers is noticeable a certain amount of divergence in their respective views; but underneath that divergence lie certain broad concepts which can be treated as basic and there is a kind of subtle indescribable unity which keeps them within the sweep of broad and progressive Hindu religion. The first among these basic concepts is the acceptance of the Vedas as the highest authority in religious and philosophic matters. This concept necessarily implies that all the systems claim to have drawn their principles from a common reservoir of thought enshrined in the Vedas. Unlike other religions in the world, the Hindu religion does not claim any one prophet; it does not worship any one God; it does not subscribe to any one dogma, it does not believe in any one philosophic concept; it does not follow any one set of religious rites or performance; in fact, it does not satisfy the traditional features of a religion or creed. It is a way of life and nothing more.

It is beyond doubt that followers of the afore-said religion are Hindus. In Perumal Nadar v. Ponnuswami Nadar AIR 1975 SC 2352 , the Supreme Court held that a person may be Hindu by birth or by conversion. A mere theorotical allegiance to the Hindu faith by a person born in another faith does not convert him into a Hindu, nor is a bare declaration that he is a Hindu sufficient to convert him to Hinduism. But, a bona fide intention to be converted to the Hindu faith, accompanied by conduct unequivocally expressing that intention may be sufficient evidence of conversion. No formal ceremony of purification or expiation is necessary to effectuate conversion. It would thus appear that son of a Hindu parents is treated to be a Hindu by birth even if he would not be performing those rites and not subscribing to the philosophy and faith. It is, however, true that a Hindu on his conversion to other religion ceases to be a Hindu It is, however, accepted that a person who is born Hindu and has not renounced the Hindu religion does not ceases to be a Hindu merely because he departs from the standard of orthodoxy in matters of diet and ceremonial observances Ishwari Prasad and Others Vs. Rai Hari Prasad Lal, . That appears to be the reason why in AIR 1926 100 (Lahore) , it was held that the acceptance of the Granth Sahib by the Udassis (a Schimatice sect of Sikhs who remained within the fold of Hinduism; is in no way inconsistent with their continuing as Hindus. Similarly, in Nalinaksha Majhi and Others Vs. Rajani Kanto Das Mohanta and Others, , it was held that a Hindu does not by becoming a Jati Vaishnava (a sect in Bengal not recognising the caste system) ceases to be a Hindu. It is, therefore, clear that if a person is born Hindu, he will not cease ''to be a Hindu only because he does not follow the religious teachings or does not believe in any ritual, teachings or ceremonies. It will require clear intention on his part to renounce the religion, which can easily be done by adopting some other religion.

In the context of the aforesaid, it may be examined, if statement of the respondent that Swami Deochand and Swami Prannath do not appear to be Hindu is the correct statement ? The allegation is not only contained in the foreward of ''Nijanand Mimamsa (Article-A), but is repeated in the written statement submitted in the Court. Though, the statement in ''Nijanand Mimamsa'' is said to be based on interpretation given to be verses in ''Kuljam Swaroop'' by its author Shyamsunder, the respondent justifies his act on the basis of (I) or prevalent rumour. According to him, after publication of this book, he went to Panna and met large number of Hindus including some of the descendants of erstwhile Maharaja of Panna and heard that Swami Prannath was the son of Emperor Aurangzeb, known in the history as ''Shah Sija''. He attributes this knowledge to a Kayastha, Advocate, whose name he has not been able to disclose and also to an eighty year old member of Panna Royal Pamily, named Chhangeraja. One Shri Pran Singh, a Retired Tahsildar is also said to be the source of this rumour. It is rather unfortunate that neither the Advocate nor Chhangeraja or Pran Singh were examined by this respondent to support his aforesaid conclusion. Then, this respondent is a responsible Swami of his own sect and should know the seriousness of such an allegation, particularly, when it has been made against a person, who is no longer alive and, therefore, not in a position to defend himself. In case, he was little serious and responsible, he would have got the whole thing verified from the birth place of Swami Prannath. If Swami Prannath was really born as is claimed by ''Beetak'' (Article-C) and the Swami Prannath, who died at Panna was not that person, the respondent Rishi Kumar would have learnt about it by making enquiries in Jamnagar and other places in Gujarat. It is rather surprising that he chose to rely upon these rumours even without verifying their correctness and made the allegation in writing in the Court. He should have realised that the Court is a Court of justice and is committed to ascertaining the truth of the matter by applying and following established rules and procedure and evidence. In such a procedure or enquiry, there is hardly any place for rumours particularly when they are unfounded and no one comes forward to vouchsafe their correctness. If added to this is the inherent weakness of the conclusion, the same must be treated only as an ipse dixit of the respondent. Since this respondent does not claim to have made any effort to verify parentage of Swami Prannath or his real identity and made allegations against him, he must be accused of being reckless and careless in his behaviour That is not how this Court would expect a responsible Swami, like the respondent, to accuse the founder of a faith, which has its existence at good number of places in the country.

The only other justification for the aforesaid accusation by the respondent is the translation of verses of ''Kuljam Swarup'' contained in ''Nijanand Mimamsa'' (Article-A). Dhanidas (PW 1) is one of the responsible persons of Dhami sect and has given the meaning of each and every verse alleged to be offending the Hindu religion. He is a teacher by profession and a follower of ''Nijanand Sampradaya''. The manner in which he has explained meaning of various verses of ''Kuljam Swarup'' would indicate that he has not only read Kuljam Swarup but has understood the same. It has not been suggested to him that any one else in the Sampradaya has explained the meaning of these verses in the manner contained in ''Nijanand Mimamsa''. It would, therefore, appear that meaning of these verses as communicated to the followers of Dharma is one stated by Dhanidas (PW-1) and not the one contained in ''Nijanand Mimamsa''. Indeed, it would appear that Nijanand Mimamsa was the first ever attempt to explain these verses as being anti-Hindu. This Court is rather surprised as to why no one else before accused Shyamsunder felt offended by these verses and took steps as taken by this person. This Court would surely think that Hindu religion was not left, before accused Shyamsunder, without any defender or protector. Bhai Bhikhraj (P. W 2) is a journalist by profession and has explained the meaning of the verses in ''Kuljam Swarup'' as understood by him. He is one of the followers of Pranami Dharma. Chetan Datt (P. W. 3) is one of the preachers of this Dharma and has explained that ''Nijanand Mimamsa'' does not contain correct translation of "Kuljam Swarup''. According to this witness, he had known Shyamsunder from the age of twelve, as both had studied together. He has alleged that Shyamsunder had desired to become ''Mahant'' and had threatened to defame the religion if he was not made the ''Mahant''. Manaklal (P. W 4) is another, follower of Pranami Dharma and has emphatically stated that Pranami Dharma was a part of Hindu Dharma and was definitely not anti-Hindu. None of these witnesses were asked if any one else in their Dharma had ever preached the meaning of the vases of ''Kuljam Swarup'' as given in ''Nijanand Nimamsa''. There should, therefore, be no difficulty in holding that the meaning now given to the verses of ''Kuljam Swarup'' were given for the first time by the deceased Shyamsunder and no one belonging to Pranami Dharma either preached or heard those verses to be containing something contrary to Hinduism or in line with Muslim faith. If this is the only evidence, it will require explanation as to why all of a sudden deceased Shyamsunder, who himself had been following Dhami religion since last at least three generations, decided to give new meaning to these verses to prove that ''Pranamis'' or ''Dhamis'' were anti Hindus. In the absence of any such explanation, the motive attributed to the deceased Shyamsunder cannot be said to be groundless. His defence that he was employed with the Government and had not retired would not be sufficient to treat such a demand an impossibility. Instances are not wanting where Govt. Servants have readily given up their present position to adopt a better profession or a similar profession for a longer period.

Some other objections, which according to the respondent, indicate that ''Dhamis'' are Muslims and not Hindus may also be examined. One such objection is that ''Dhami'' temples have their main entrance at the West, like Muslim Mosque. This, however, has been denied by Dhanidas (P. W. 1). According to him, the main entrance of the temple at Panna is towards North (Pata-47). Yet another objection is that Dhami temples have ''Panja'' or hand appearing on them which again is a Muslim practice. Dhanidas (P. W. 1) admits that the temple at Panna has sign of bund inscribed on it He, however, denied that this was the sign of son-in-law of the Prophet Mohammad. According to him, this is the sign of a hand and indicates five elements or shakti. Manaklal (P. W. 4) also admits that ''Panja'' is inscribed at the temple as also on ''Kuljam Swamp''. According to him, the ''Panja'' or the hand is not any religious sign, but it indicates that Swami Prannath had blessed Maharaja Chbatrasal and nothing more the defence has not produced anythig to hold to the contrary. We all know that ''Panja'' or hand is even used as a sign by a political party and no one has so far accused the political party using this symbol ''Panja'' to be belonging to. Muslim religion. Yet another reason for doubling that Swami Prannath and Dhamis are Muslims, is that they do not burn their dead bodies like Hindus, but bury them. According to ''Encyclopaedia of Religion and Ethies'' followers of this religion are also found in small numbers in Uttar Pradesh and Nepal. The followers in Bundelkhand bury their dead at Panna. Elsewhere they burn them and carry the relics thither (Page-151). Then, burning dead-bodies is not the universal practice among Hindus. Bishnois of the Panjab and the Lingayats cf the Deccan, always bury their dead; and among the lower classes of Hindus, both forms of disposal of the corpse are in use. (Encyclopaedia of Religion & Ethics Vol-6, page 698). These would, therefore, indicate that most of these criticisms have been devised only to attract popular reaction and arouse a feeling of passion among Hindu and ''Dhamis'' so that they give up this religion and join the Hindu faith. Such a suspicion is strengthened because of the admission of Swami Rishi Kumar that large number of Hindus, which includes good number of Brahmins known as Dwivedis and Trivedis have also taken to Dhami religion. Anxiety of these persons to win them back by propagating every thing that resembles Muslim faith and practice can be understood.

Can it then be said that some of the verses of ''Kuljam Swarup'' offending to the Hindu religion ? Two main criticisms of the book are that it preaches hatred against Vedas and, therefore, against Hinduism and that they insult and abuse Hindu Gods particularly Lord Vishnu. The alleged offending verses were put to Dhanidas (P. W. 1) and were explained by him. According to him, page 373 of Kuljam Swarup where the words apper, do not mean that one should not accept the teachings of vedas. The words only mean that every word in Vedas is full of meaning and one should be-cautious in understanding it. Verse No. 1 at page 373 has been explained by this witness to mean that the sayings of vedas should be understood and all doubts removed. Similarly, he has explained the meaning of verse No. 2 at page 373 that the world is a dream and Vedas written by Bramhaji have the key to its realisation. According to him, it does not mean that Vedas have restricted in it and have made people ignorant. Similarly, this witness does not accept the interpretation of the verses relating to Lord Shrikrishna or Lord Shrivishnu, and has stated that verses Nos. 21 to 24 at page 331 in ''Kuljam Swarup'' only mean that Gopis of Braj had their eyes on Lord Shrikrishna. Lord Vishnu gave ''darshan'' to Vasudeo and Deoki in the prision and by giving this ''darshan'' fulfilled their desire. According to him, it was Lord Vishnu himself, who gave description of Lord Krishna to Vasudeo and Deoki. The witness has emphatically denied that ''Kuljam Swarup'' has in any way insulted Lord Vishnu. According to him, verse No. 52 at page 333 of this book contains the description of ''lila'' of Lord Krishna and also Vishnu lila In para 123 of his deposition, he denies that the book contains anything insulting Lord Vishnu or to any other God or Goddesses. According to him, verse No. 18 at page 307 of ''Kuljam Swarup'' has been wrongly interpreted in ''Nijanand Mimamsa'' In para-127 he has explained that verse No. 21 appearing at page 1502 does not amount to a description of Lord Vishnu. It only means those who ride the Donkeys and do not see the Lord from their inner eyes suffer from the defect of being ''dajjal" or one-eyed. Explaining the meaning of verse No.26 appearing at page 1491, the witness said that it is wrong to say that Lord Vishnu was asked by ''Khuda'' to bow before Rasul. According to him, such an order was given to ''Ajazil'' according to this witness, does not mean Lord Vishnu. It only means a ''Farista'' (Para 132). It would thus appear that Danidas has sufficienently demonstrated that meaning of various verses given by the deceased Shyamsunder in his book ''Nijanand Mimamsa'' is not the correct meaning. He has sufficiently described their true meaning and indicated that none of the verses really offend either Vedas or Puranas, the sacred book of Hindus or the Hindu Gods or Goddesses. Can it then be said that Dhanidas gave this meaning only to somehow get the respondents punished ? This could have been sufficiently demonstrated in the Court by defence witnesses by proving that some other ''Dhamis'' have explained these verses in the same manner as Shyamsunder and that the meaning given to those verses by Dhanidas (P. W. 1) is not the meaning conveyed to the followers of the Dharma. Nothing whatsoever has been brought on record and hence it must be accepted that the real meaning of the verses in ''Kuljam Swarup'' is not the one contained in ''Nijanand Mimamsa'' but is the one stated by Dhanidas in his evidence in the Court. Must we then believe Dhanidas (P. W. 1) ?] He is a teacher at the school run by this sect and claims to have read the ''Kuljam Swarup''. The manner in which he has explained the meaning of alleged offeding verses during his cross examination indicate that he is vell versed with the book. Not even a single question was asked to him in his cross examination to suggest that he was not speaking the truth Under the circumstances, if the choice is between meaning given by him and accused Shyamsunder whose credentials are doubtful, Dhanidas must be preferred In this view of the matter, this Court finds nothing to doubt the correctness of the version given by Dhanidas (PW-1) and has no hesitation in accepting the same.

Inspite of it, it is apparent that Holy Koran has influenced the thinking of Swami Prannath and has made a definite impact on his philosophy and thinking, which has naturally percolated into the philosopy and thoughts of his sect This would, however, not astonish any one as Swami Prannath preached during Moghul rule when Hinduism was opposed by the throne and every efforts were made to wipe it off. Borrowing the best from Islam and relying upon the Holy Koran must have been considered to be the best defence. Then, basic faith or ''Pranami Dharma'', i.e., unity of mankind and unity of Godhood could not have left out Holy Koran from consideration. There is nothing objectionable in this method and Swami Prannath is not the only person borrowing from the holy book, Influence of Islam on Hinduism or the vice-versa has been felt in this country since long and several persons have made efforts to reconcile basic faiths of both of them and given the best of them to us. Emperor Akbar''s effort to establish Deen Elahi is one such known effort. Saints like Kabir, one of the disciples of Swami Ramanand, is well known for his leanings towards Islam, but the said leaning was not treated to be a bar to his becoming a Hindu bhakta. His teachings display a wounderful combination of beliefs drawn from Christianity, sufism and Vedantism. The result of his attempt to fuse Hinduism with Islam is that in some parts of this land his followers describe themselves as Hindus while in other parts as Muslims. Such efforts were appreciated as providing strength and vitality to Hindu religion and are responsible for the vitality of it and, to some extent, explain why it remains living and vibrant even now when several others have disappeared. A good and true Hindu must, therefore, accept this methodology as a service to the religion. Under the circumstances, if Swami Prannath also borrowed from Holy Koran to provide authenticity to his faith and ideas, he cannot be said to have become a Muslim nor can it be said that he preached Islam.

This Court had the advantage of reading practically every page of ''Nijanand Mimamsa'' and the impression that it carries is that it is neither a true translation of ''Kuljam Swaroop'' nor was it intended to be so. From the very beginning, the attempt of the author was to somehow prove that the founder of the sect Swami Deochand was a Muslim, Swami Prannath was Muslim and by proving that these two Swamis of the Sect were Muslim, prove that their teachings were anti Hindu. Indeed, the entire approach was fanatical and perhapas motivated. Not only some verses from ''Kuljam Swaroop'' have been picked up to give a meaning, which would normally not be given, but the translation of those verses is what it should not be. Most of the verses; in Chapter-III relate to the views of Swami Prannath about the God and its Swaroop. Lord Vishnu is described as Lord Vishnu reclining at Askhyay Vat in Kshir Samudra (Page 25). He is so described as Adi Narayan living in Kshir Sagar (Page 29). Now, the Lord Vishnu described as such becomes '' Azazil'' at page 349 It is true that at page-20, some of the verses said to be written by Swami Prannath have been quoted. These verses deal with Holi Quran and the teachings of Islam. A reading of these verses by a reasonable minded person reasonably instructed in language and literature would not create the impression that the word "Azazil" was used for Lord Vishnu. Not only Lord Vishnu, as noted earlier, but is named as Lord Vishnu, even in this chapter. (See page 357). This Court has, therefore, no doubt that the author, by writing this ''Najanand Mimamsa'' has made no effort to honestly bring out either the true meaning of the verses or the intentions of Swami Prannath. He has intentionally indulged in distorting teachings of Swami Prannath with a view to create an atmosphere against the Sect and the Late Swami.

If we ignore the translation and read the verses as they are, they create an impression that Swami Prannath was a Hindu and believed in Lord Krishna and all his lilas (incarnations). Instances are not unknown where devotees of Lord Krishna have identified themselves with Gopikas and have described rashlilas and other lilas of Lord Krishna in a language couched with devine grace so as to convey the impression that it was not the lila of human beings but the way of Lord''s life and has to be understood and appreciated in that manner.

This Court had also the advantage of reading the verses quoted by the learned trial Magistrate in paras 12 to 18 of the impugned-judgment, but unfortunately, is not able to derive the impression as is sought to be conveyed the author of the ''Nijanand Mimamsa''. Inspite of it, it is true that Swami Prannath has borrowed from Holy Quran to explain his own thoughts and ideas. But, borrowing from ''Quran'' is neither prohibited nor the borrower becomes anti-Hindu or even a Muslim. Islam has its own faith and living etyle and someone borrowing verses from holy Quran is not required to become a Muslim. Then the Holy Quran also contains vital truths which have been practised and followed by Muslims all over the world. A saint in search of truth would not be committing any sin in dwelving deep into these thoughts to crystalise his own ideas and teachings. Under the circumstances, simply because Swami Prannath has referred to some verses in Holy Quran, he does not become anti-Hindu Indeed, the translation through which Swami Prannath is projected as Anti-Hindu only illustrates the narrow-mindedness of the author and his malicious intention to defame the sect.

The question, however, is whether the respondent has committed an offence u/s 295 I.P.C. ? This section is intended to respect the religious susceptibilities of persons of different religious pursuations or creeds. Main ingredient of the offence, therefore, is the deliberate and malicious intention of outraging the religious feelings. The Full Bench decision of this Court in Ramlal Puri Vs. State of Madhya Pradesh, and the decision of Allahabad High Court in Baba Khalil Ahamad Vs. State, fully bring out the requirements of these ingredients. The Supreme Court in Ramji Lal Modi v. State of V. P.1, has held that insult to religion-offered unwillingly or cerele-ssly or without any deliberate or malicious intention to outrage the religious feelings of that class will not come under this section. But, if the intention is to outrage religious feelings deliberately and maliciously, an offence under this section will be made out. For this purpose, it is not necessary for the prosecution to prove that accused bore ill-will or enmity against any specific individual. The malice can be presumed if the injurious act was done voluntarily and without any lawful excuse. It may, therefore, be examined if the facts of the case establish these necessary ingredients.

The respondent Swami Rishi Kumar has filed his long written statement-cum-arguments in the Court which contain not only his defence, but also the explanation of why and how he happens to have written the foreword to the book (Article-A) and how he was shown to be publisher thereof It must at the very outset be stated that this Court is impressed by the frankness of the statement and feels that he is an honest and saintly person. Under the circumstances, the Court finds nothing to doubt what this respondent has stated in his defence. According to him, he had written the foreword after having read ''Kuljam Swaroop'' in Hindi. In order to understand its meaning, he had purchased Arabic Dictionary and the Holi Quran. According to him, foreword is nothing, but a substance of what is written, in the book and the writer of the foreword is not concerned with really what is written in it. If the book contains anything wrong or unfair, it is the duty of the writer of the foreword to summarise the same also That is what he claims to have done and this, according to him, does not constitute an offence uader Section 295-A I.P.C As regards publishing the book he has denied that he was in any way concerned with its publication. According to him, he has seen the book after it was available for sale in the market and was surprised to see his name as publisher thereof. He, therefore, asked the writer about it and was told that his name was published as the publisher of the book in return of what he had done by writing the foreword This, according to the respondent, is nothing but an expression of gratitude of the author for the little help given by him by writing the foreword He has denied that he had spent any money in publishing or had received any-thing out of the publication. According to him, even if his name is printed as a Publisher, he cannot be treated to be the publisher of the book in law. Besides the aforesaid, he has submitted justification for what has been stated in the book and his foreword. As far as publishing the book is concerned, there is evidence of Purshottamlal (P. W. 6), Ramji Lal Modi Vs. The State of U.P., to the effect that it was the co-accuse Shyamsunder who had come to him for getting the book published, had paid for the book and had received the delivery thereof The witness does not name the present respondent or his concern with the book in any manner. There can, therefore, be no doubt that the version of the respondent that he was not the publisher of the book is the correct version If someone for some reason-good or bad-prints the name of an otherwise innocent person as publisher of a book which contains material sufficient to outrage religious feelings of any class, the person whose name is so published cannot be said to have committed the offence Mere mention of the name of the respondent as publisher of the book (Article-A), by itself is not, therefore, found sufficient to punish him for this offence. The publication has to be deliberate and with malicious intention. A person whose name is published without his knowledge or consent does not come within the purview of these words. The fact that he later on did not object to his name being so published and took no steps, would not justify the conclusion that he deliberately joined the writer in the commission of offence. Then, this is not the allegation or the prosecution case against this respondent. Under the circumstances, this Court has no hesitation in holding that the respondent Rishi Kumar is not the real publisher of the book and that his name has been published as publisher thereof by the co-accuse Shyamsunder without his knowledge and permission.

This, however, does not absolve this respondent of the outrageous material contained in the foreword admittedly written by him. Baba Khalil Ahamad''s case (supra), decided by the Allahabad High Court is the authority for the proposition that the truth of the statement contained in the book is not a defence to the charge under this provision, as even the true statement may outrage the religious feelings of a class of citizens. Indeed, the said Court has gone to the extent of holding that the enquiry in such matters has to be limited to the question whether there was malicious intention of outraging the religious feeling of a class of citizens, and even a true statement may outrage religious feelings. It is, therefore, obvious that simply because this respondent believed the translation done by co-accuse Shyamsunder to be correct, it will not be accepted as his good defence. Similarly, it is also not a defence that because ''Kuljam Swaroop'' contains certain offensive passages against Hindu religion or Gods, the present publication was justified. Not only the aforesaid Allahabad Judgment, but also Shiv Ram Das Udasin v. The Punjab State AIR 1955 Punjab 28, supports this view. Clearly, therefore, the defence of the respondent is legally untenable, and, hence not sufficient to earn him acquittal. Inspite of it, it is clear that this respondent cannot be held responsible for the main text of the book, which have been authored by Late Shri Shyamsunder. His responsibility, if any, relates to the contents of foreword written by him. A perusal of the charge, as levelled against this respondent would indicate that he was charged for the passage appearing at page XI para 2 as also passages appearing at pages 19, 61 & 115 of the book. As far as passages appearing at pages 19, 61 & 115 of the book are concerned, they are admittedly written by the deceased accused Shyamsunder and not by the present respondent and hence the present respondent cannot be convicted under this provision for these passages In this view of the matter, the only question for consideration is whether the passage appearing at page XI admittedly written by the present respondent is sufficient to bring home the guilt u/s 295-A I.P.C A perusal of the statement filed by this respondent would indicate that he knew that Swami Prannathji was a revered saint of Dhami Sect. It is also clear that it was within his knowledge that the followers of this Sect treated Swami Prannathji to be a born Hindu and followed his teachings as the Godly edict Even if the respondent some rumours about the incorrectness of these statements, he should have himself made enquiries about truth or otherwise of these rumours before accepting and acting upon them. Unfortunately, he did nothing of the type and filed this long statement in the Court to justify the offending passage on the basis of rumours giving a dignified name of "Janshruti. The fact that he himself was not sure of these rumours is apparent from the guarded language he has used in this passage. The passage indicates that he only doubted, and not firmly believed, that Swami Prannathji was a Hindu. He also felt and not believed that the name Prannath and Pranami Dharm were nothing but fraudulent method of attracting Hindus to this faith. Unfortunately, he did not realise that his own status as a Swami and the respect that he carrie among the common man would add weight to these statements and what is doubted by him would be accepted by the common men as the truth. The fact that the Statement is contrary to meterial available on record and has been made without any enquiry or investigation would be sufficient to hold that it was deliberately and maliciously made to outrage the religious feelings of followers of Pranami Dharma. Nothing else is required to establish the guilt of the respondent This Court has, therefore, no hesitation in holding that the respondent by writing the foreword, which included the offending passage has committed an offence punishable u/s 295-A of the Indian Penal Code. He is accordingly convicted.

The next and the important question is what sentence should be imposed on this respondent ? He is apparently an honest and sincere man and has devoted whole of his life to the cause of religion He has apparently been guided by the deceased Shyamsunder in the matter and has only shared his enthusiasm with a view to save what he considers to be the correct religion and religious practices The motive, therefore, is not the motive of a criminal and hence he does not deserve to be treated as a criminal. In such a situation, a simple admonition under sub-section (3) cf Section 360 would meet the ends of justice. He is accordingly sentenced.

This Court must, however, express its anguish over the conviction and sentence imposed on the respondent, as it has held him to be an honest, straight-forward and learned. Instances are not wanting in history where such honest and sincere men have been misused in the name of religion and have ultimately been found to be opposing the very faith and philosophy where they earned such a name and fame. Respondent Swami Rishikumar, in the opinion of this Court, has been similarly misused by the co-accused Shyamsunder WhO had apparently a personal motive in the matter. The enthusiasm and zeal which has carried the respondent so far in life prompted him to join Shyamsunder and thus become a subject of public controversy and judicial displeasure What the respondent ignored in his enthusiasm is the fact that Hindu religion has been in the past subjected to attacks and unwanted criticisms from within and without and has survived the same because of its inherent strength. Not only this, it has flourished inspite of onslaughts and has by now become a way of life. Its philosophy and faith had not only been generous but also tolerant and explain its large following even in this secular democracy. The respondent has displayed his understanding of this historical background in his written statement, but has unfortunately taken no lesson from this history. He should have thought that his enthusiasm for Hinduism would not be served by alienating ''dhamis'' who claim and profess to be Hindus. His religious enthusiasm and also the cause of this Godly religion would have been better served if he had removed doubts, if any, on their bring called Hindu and thereby fully absorbing them into the faith and philosophy. The path of Hindu religion is the path of winning friends and not of alienating them This Court would, however, think that it is not late even now and he should devote himself to the ask of removing erks, if any, and thereby facilitate absorption of ''dhamis'' into Hindu religion. Hinduism, after all is like the akshaya vat or the indestructible tree, several of those branches do not provide nourishment to it and yet it does not cease to nourish such a branch.

This Court would also like to sound a word of caution to the followers of Nijanand Sampradaya. If they are Hindus, as they claim, they must realise that their salvation lies with other Hindus irrespective of their differences with them. They should look into the history and realise that this sampradaya has been nourished by Hindus and world retain its vitality as long as the nourishment continues to be provided indeed the enthusiasm of Swami Prannath to strengthen Hindu religion by removing many unwanted material from it must be accepted as his enthusiasm to provide strength to Hinduism and the Hindu society so that it can withstand the onslaught from the Moghul Emperor Aurangzeb. Pranami Dharma viewed in this perspective should be accepted as means of strengthening Hinduism. This mission would be better served by maintaining strong ties with it and gaining the confidence of crores of Hindus. Pranamis must, therefore, remove every doubt about their being Hindus and try their best to adjust to the demands of time. After all., one Hindu doubting another Hindu of being a Hindu is the worst criticism of a Hindu and, therefore, it should be the first religion of a Hindu to remove such a doubt. Pranamis must undertake this responsibility. If this case is of any value to them, it is that even a learned Swami like the respondent can be persuaded to adopt anti-dhami stand and call their faith anti-Hindu. It must, therefore, be accepted that their first responsibility is to authoritatively translate ''Kuljam Swarup'' in Hindi and make it available to all for understanding. They must honestly examine if some of the verses in ''Kuljam Swarup'' have anti-Hindu leanings, If in this process they discover some irksome passages, they should, for the sake of prosperity of their own sect, discard them treating that they have served their purpose and gone into disuse. The strength of their Sampradaya should be the vitality of its own faith and philosophy which must be able to serve not only them but also others; not only the past but also the present and future Pranami Dharma, if it has to continue strong and vibrant, must display its capacity to effectively serve the present and the future, which can best be done by adjusting to the needs of the present and future. The need of the past is not the need ot the present and the need of the present may not be the need of the future If ''dhamis'' think that they will serve the present and future as well, they should start the process of adjustment immediately. There can be no better method of such adjustment then to start adjusting with their parent creed. They must look into the pages to history and note that those who failed to adjust to the needs of the present and future have disappeared into the limbo of oblivion. This Court would be happy if this becomes the last dispute involving a Dhami or Nijanand Sampradaya and other religions or their followers.

The appeal succeeds and is allowed as aforesaid. In view of the success of the appeal, no orders on the revision application are necessary and hence the same is dismissed.