The s2tate vs.

saher hayat
Honourable Judge, this is an appeal against the sentence imposed by Saher
Hayat in the court. We are relying on The Indian constitution, Indian penal code
Statute 295-A and Code of criminal procedure, 1973.

With respect to the recent demonstrations that took place in the state and the
subsequent proofs and proper analysis that goes against Miss Saher Hayat, we
pledge the court to carry forward the proceedings and bring this controversy to
an end.

Basis of accusing saher:-

 Article 19(2)- “ Nothing in sub clause (a) of clause ( 1 ) shall affect the
operation of any existing law, or prevent the State from making any law,
in so far as such law imposes reasonable restrictions on the exercise of
the right conferred by the said sub clause in the interests of the
sovereignty and integrity of India, the security of the State, friendly
relations with foreign States, public order, decency or morality or in
relation to contempt of court, defamation or incitement to an offence”

Though the constitution of india provides freedom of speech and

expression to each and every Indian citizen yet it also keeps a provision
so as not to hinder others right to freedom.
Please refer to page-2, point number-6,
“calls the August election a shame for Zasa political gain.”
In a concluding statement she asks for “an active but peaceful Day of
Resistance on August 1,” By anti-government Indians.
We clearly see that she is violating the law by defamation.

In a so-called “peaceful protest” the members involved in the protest are

willing to “carry knives or other available weapons in case of persecution
of law enforcement.” First of all, morality of the members is at question.
They are ready to go against the law enforcements. It is the journalists
and media people who promote these things directly or indirectly. Saher
is that person who controls everything at the backstage but never shows
up!
Statute 295-A of the Indian Penal Code criminalizes “deliberate and
malicious acts, intended to outrage religious feelings of any class by
insulting its religion or religious beliefs.”
Please refer to page number-2 and point number-9
“Set fire to a Zasa religious building”
Again a clear interpretation, violation of the Indian Penal Code is clearly
visible over here.
Section 153A states that whoever promotes enmity between different
groups of religion and doing acts prejudicial to maintenance of harmony
will face punishment

Under Chapter 5 of code of criminal procedure 1973, section 41(1)(e)-

The police can arrest anyone without a warrant if he/she tries to
obstruct the execution of his duties.
Please refer to page-2 and point number-8
“Some who said they were prepared to defend themselves and would
carry knives or other available weapons in case of persecution by law
enforcement or the government on the Day of Resistance.”
Please refer to page-2, point number-9:-
“attacked law enforcement who tried to prevent the arson attack”

Now everyone would be thinking how is Saher Hayat responsible for all
these?

Points to be noted!
First of all, Uttar Pradesh has always been a place where these kind of
communal and other problems arise.
“On June 6, 2018, after months of continued protests and political pressure
from the international community, both of which were amplified by the
protestor’s death”

ESA Section-1:
“More than 10 people are not permitted,” while there was a large number
of people for the so-called peaceful protest and I suppose a “Large number
of people” does not refer to only 10 people.

Reference- Point number-3: “Her writing and caricatures to be especially

sympathetic toward the Yona sect.”
Her passion to help the yona sect is visible and for the upcoming elections,
the Zasa forms about 70% which will be a disadvantage for the yona sect.
She is at such a high post (journalist) and can create awareness through a
lot of ways.
“Saher is widely regarded as an insightful and bold writer on political
developments in India, but is particularly known for being the first to post
the latest political rumours and caricatures.”
“Rumours”- a currently circulating story or report of uncertain or doubtful
truth.
We cannot fall back on her sources . It is probably a move to accuse the
present government and the Zasa sect and come into focus for the present
elections.

Refer- Point-4: “Opinion contributor”

She was hired to give opinions and not accusing someone or defaming
someone and not for using the platform for playing politics.

After reading point-6 we are damn sure about her “INTENTIONS.”

This is just a kind of political diversion where she is merely planning to
make the election a win-win situation.

She very well knew that this move will create a spark in the present Uttar
Pradesh scenario and she is taking the maximum benefits out of it.

Refer point-8:
The radicals section of the Yona sect was well prepared for a violent
protest.
“Including some who said they were prepared to defend themselves and
would carry knives or other available weapons in case of persecution by law
enforcement or the government on the Day of Resistance.”
“A minority of the Yona section demonstrators chanted hard-line political
messages; set fire to a Zasa religious building frequented by leading
government officials, and attacked law enforcement who tried to prevent
the arson attack.” [point-9]

“We trust that our faith will carry

us home we are not afraid to fight,
not afraid to die”

The singing of this Yona unity song gives us a clue and a sort of evidence
that many of the radicals have even read the column.
It is clear by now that it was all well planned, but it left out some traces
and evidences which helped us a lot.
For example-
 Refer- point-4:
“The Ex- UP Times (“The Times”), an Uttar Pradesh -based domestic
newspaper popular with the UP immigrants.”
Note- Domestic newspaper and popular with the UP immigrants.
This is a nice option for creating awareness as it is famous with the
immigrants as well as local people. She chose it very well but it clearly
shows that she wants to attract more and more people for the protest
against the present government.

Witness- Head of the Yona Sect

Q) Did the members of your sect not read Saher Hayat’ editorial column?

Q) So, they did not protest as a result of the reading of her column?

Q) If no, then how did they come to know about the Day of Resistance?

Q) A large number of Yona Sect who read the column on LiveJournal.com

made a statement that they are prepared to defend themselves and would carry
knives or other available weapons in case of persecution by law enforcement or
the government on the Day of Resistance and also on that day there was also
seen some members of Yona sect chanting the words of the famous Yona unity
song which she wrote in the column, and at the same time they were making
statements of not having read the column( as there were no evidences), thus
making two contradicting statements, it is clear enough that they have been
lying. And that they have read Saher’s column which gave them the impetus to
demonstrate. Hence, Mrs. Saher is accused and marked as an organizer of the
protest in connection with her column.

Q) How can you declare a Day of Resistance just because of an opinion

contributor?

Concluding statements:-

We pledge before the court to look into the matter with special emphasis
on Article 19(2), Statute 295-A of the Indian penal code, code of criminal
procedure 1973, section 153A of IPC and other relevant information.