Nine Residents Arrested for Blocking Sale of Flat to Muslim, Released on Bail

Updated: September 20, 2016

Nine residents of a housing society who recently blocked sale of one of the flats to a Muslim family were arrested by the police on Monday. They were later produced before a local court which ordered their release on bail.

Those arrested were among the 11 members of the Happy Jivan Housing Society in Vasai town near Mumbai who had signed a letter using the society’s letter-head objecting to the sale by one of the society members Kantaben Patel to one Vikarahmed Khan. Among them were the secretary and the treasurer of the housing society.

The 35-year-old building has nine Gujarati families in all. All occupants on the first floor, including the Patels who sold their flat to Khan, were Gujaratis.     

Updated: September 18, 2016

At a meeting held yesterday, the 6-member managing committee of the Happy Jivan Society, Vasai, has decided to clear the sale of a flat to a Muslim family. The society's U-turn appears to have been prompted by the FIR filed by the police (see earlier story below). The committee members did not specify when the No-objection certificate (NOC) will be issued to the current flat owners, the Patels. Meanwhile, according to some reports, Vikar Ahmed Khan is now having second thoughts about going ahead with the purchase. "I don't want to stay in a building where the neighbours may not want to talk to me and my family," Khan told The Times of India.

On Sunday, five of the 11 members of Happy Jivan Co-operative Housing Society in Sai Nagar in Vasai town went to Manickpur police station and gave their statements. They said they did not intend to hurt anyone's religious sentiments. Police have not made any arrests yet.

Earlier story:

FIR filed against housing society members blocking sale of flat to Muslim family

Police have filed an FIR against 11 members of a housing society in Vasai town near Mumbai on Saturday for blocking the sale of a flat to a Muslim.

While incidents of Muslims being refused purchase or rent of flats in several parts of the country are nothing new, what is new is the fact of the police promptly lodging an FIR against all the 11 errant members.

The additional superintendent of police, Yogesh Kumar told the media the FIR was lodged at the Manickpur police station following a complaint by a Muslim trader Vikarahmed Khan, who had already signed an agreement and paid a token sum of Rs 1 lakh to flat owner Kantaben Patel (55).

The case has been registered against the society members who signed the letter under Sections 295 A (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs) and 298 (uttering words with deliberate intent to hurt the religious feelings of any person) of the Indian Penal Code. All 11 who signed the letter have been asked to be present at the police station on Sunday.  

Meanwhile, the Patels have also complained to the police and the sub-registrar of housing societies against the “high-handedness” of the other society members. Khan had "We decided to sell our flat to Khan as he offered the price we quoted. Now the society is refusing to give an NOC," said Kantaben’s son, Jignesh.         

At a meeting of society members held on September 4, it was decided to disallow the sale of her flat by Kantaben to a Muslim. What’s more, they even passed a resolution to keep Muslims out of the housing society. The incident was first reported by The Times of India on Friday.

The society currently has 16 members, including two Muslim families, who have been staying in the 35-year-old building for two decades. The building has a mix of Gujaratis, Maharashtrians, north Indians, Punjabis and Muslims. Gujaratis are in a majority with nine members, including the Patels. The existing Muslim members of the society were reportedly away when the decision was taken.

The September 4 decision came after a letter signed by 11 members of the Happy Jivan Co-operative Housing Society, Vasai, to Kantaben stating: "It is learnt that you intend to sell your flat to some Muslim guy. We feel that you should not do so…" The Patels were advised to sell their flat to "any other person, preferably within our community". 
 

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