The petitioner alleged the police did not act on his complaint against the anchor.
A Lucknow court has ordered that a complaint case be filed against Aaj Tak anchor Anjana Om Kashyap over an episode of her show aired on August 14, Live Law reported. A complaint case is a legal plea filed before a court alleging that an offence has been committed.
The programme, part of her show Black and White, was titled “Bharat vibhajan ka maksad pura kyun nahi hua?” (Why was the purpose of India’s Partition not fulfilled?).
The petitioner, former IPS officer Amitabh Thakur, said the episode was uploaded on Aaj Tak’s social media handles with the caption: “Out of 4 crore Muslims, only 96 lakh went to Pakistan! Why was the purpose of India’s Partition not fulfilled?” He alleged the broadcast was intended to create hostility between two religious communities.
Thakur told the court he had first tried to register an FIR at the Gomtinagar police station in Uttar Pradesh, but when the police did not act, he filed a private complaint.
In his plea, Thakur argued the programme was “completely against national integration” and presented facts in a way that could inflame public sentiment. He said asking why Muslims had stayed in India after Partition amounted to questioning their very presence in the country, a framing that could encourage “intolerant persons” to think of “making a historical correction”.
Thakur, who also heads the political party Azad Adhikar Sena, claimed the show amounted to offences under provisions of the Bharatiya Nyaya Sanhita, including promoting enmity between groups on religious grounds, disturbing harmony, making assertions prejudicial to national integration, and statements likely to cause public mischief.
What Anjana spoke about
On the show, Anjana had said, “Seventy-eight years ago, on this very day, the lines of Partition were drawn between India and Pakistan, and the country was split in two on the basis of religion. This Partition did not take place with the consent of the Indian people. It happened because of the insistence of the Muslim League and Mohammad Ali Jinnah, with the agreement of the Congress. On June 3, 1947, when India’s last Viceroy Louis Mountbatten announced that Jinnah and the Congress had agreed to Partition, most Congress leaders applauded the announcement. At that time, Mahatma Gandhi was the only leader who opposed the Partition. He said it was not the British but India’s own leaders who were responsible for this division.”
She continued: “History also buried the fact that the British officer tasked with drawing the border between India and Pakistan knew nothing about India. His name was Cyril Radcliffe, and he was given just five weeks for the job. During those five weeks, Radcliffe never even visited 95 percent of the areas where he drew the border. Can you imagine a bigger joke than this?”
“What’s even sadder is that when a British officer was cutting up Mother India in this way, many of India’s leaders were busy deciding who would get which ministry and department. The Partition happened on religious grounds. But let me show you on the big screen how the very purpose behind this Partition was never fulfilled.”
The anchor then compared the number of Muslims who migrated from India to Pakistan with the number of Hindus who came to India from West and East Pakistan (present-day Bangladesh). To some, this segment appeared to suggest that all Muslims should have left India, and all Hindus should have relocated here.
She said: “Now let me show you the numbers. At the time of Partition, a total of 83 lakh people came to India from West and East Pakistan, while 96 lakh went from India to Pakistan. So was the purpose of Partition achieved in 1947? Ninety-six lakh went to Pakistan, 83 lakh came to India. At that time, the Muslim population in India was nearly 4 crore. But despite that, only 96 lakh Muslims went to Pakistan.”
“This shows that though the Partition happened in the name of Hindus and Muslims, the number of Muslims who left India was proportionally very small, while the number of Hindus who came from Pakistan and today’s Bangladesh was much larger. And the Muslims who stayed back in India were given complete freedom to practice their faith. India has had Muslim Presidents, Vice-Presidents, Chief Justices of the Supreme Court, Chief Ministers, Governors – even captains of the national cricket team.”
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