A division bench of Justices Revati Mohite-Dere and Shivkumar Dige while hearing a plea filed by Faiyaz Shaikh, the Pune President of the All India Majlis-e-Ittehadul Muslimeen (AIMIM) party, directed Pune police to chart out a route for a rally, commemorating Tipu Sultan’s birth anniversary, for which it had earlier denied permission.

Shaikh sought permission to organize a rally to commemorate the birth anniversary of Bharat Ratna Maulana Azad and Tipu Sultan, in addition to celebrating Constitution Day on November 26. However, the Pune Rural Police had refused to grant permission for the rally, particularly the one intended to mark the birth anniversary of Tipu Sultan.

Shaikh then moved the Bombay High Court seeking permission to conduct the rally on December 24. The police raised concerns about potential law and order issues, citing letters they had received from members of another community who threatened to disrupt the rally. The police suggested that Shaikh should instead celebrate Tipu Sultan’s anniversary at a private location, far from the public eye.

According to Live Law, during the hearing, Justice Mohite-Dere raised an important question:

“Is there a ban on celebrating the birth anniversary of Tipu Sultan?”

The Additional Public Prosecutor, Kranti Hivrale, responded that there was no such ban. However, she reiterated the police’s concerns about maintaining public order in light of the potential disruptions that might arise from the rally. The prosecutor emphasized that granting permission for the rally could incite violence or create tensions between communities.

Justice Mohite-Dere, however, challenged this reasoning. She pointed out that the police were responsible for maintaining law and order and that their authority in this matter should not be undermined by external pressures. She acknowledged that rallies could sometimes lead to disturbances, but emphasized that such risks should not be an automatic ground for denying permission.

“We understand if the rally cannot be permitted in a particular area due to law-and-order concerns. But yes, you can always ask them to change the route. If they commit any offense, you are free to lodge an FIR,” Justice Mohite-Dere explained, underscoring that the police had the tools to manage any potential disruptions.

Further, Justice Mohite-Dere directed the Superintendent of Police (SP) for Pune Rural, Pankaj Deshmukh, to appear virtually before the court. Deshmukh informed the judges that the police objection was specifically related to the celebration of Tipu Sultan’s birth anniversary. The police had no issue with the celebration of Constitution Day or Maulana Azad’s birth anniversary, but their primary concern was the potential for unrest that could arise from the Tipu Sultan event.

The judges, however, were not convinced by this singular objection. They pointed out that Shaikh’s request was not solely for the celebration of Tipu Sultan’s anniversary, but for a rally that included the birth anniversaries of both Maulana Azad and Tipu Sultan, along with the celebration of Constitution Day.

“You decide the route for them, but you cannot ask them to celebrate it at their own place. There is no reason why they cannot be allowed to take out the procession,” Justice Mohite-Dere said, firmly asserting that law and order could not be used as a blanket reason to deny the rally, as Live Law reported.

The court then made it clear that while the police had the right to impose certain conditions to ensure that the rally would proceed smoothly, they could not use potential disturbances as a pretext to block the event altogether. Justice Mohite-Dere clarified that if the organizers used derogatory language or committed any offenses during the rally, the police were free to take action and file a case. She reiterated that the rally could go ahead as long as it complied with the law and the conditions set by the police to prevent any untoward incidents.

In the course of the hearing, the judges instructed Faiyaz Shaikh to meet with Superintendent Pankaj Deshmukh and work out the details of the route for the rally. The court further directed Shaikh to submit an undertaking, assuring the authorities that the rally would proceed without any untoward incidents and in compliance with the conditions set by the police.

The matter was then adjourned until December 17, with the expectation that both parties would reach an agreement on the route and other logistical details for the rally. This case highlights the role of the judiciary in ensuring that the fundamental rights of citizens, including the right to freedom of expression and assembly, are upheld, while also acknowledging the necessity of public order.

This legal episode also underscores the complexities involved in organizing public events in a multi-communal society, where tensions between different groups can often make the process of seeking permission for rallies more challenging. In such situations, it becomes imperative for authorities to ensure that no group’s right to celebrate or commemorate historical figures is unduly curtailed, and that law-and-order concerns are dealt with fairly and in accordance with the law.

As the case continues, it is likely to set important precedents for how similar cases are handled in the future, especially when it comes to the celebration of contentious historical figures or events.

Related:

A hero defamed

Why did Tipu Sultan have a Hindu god’s name on his ring

Stop drama or die: Threats to Tipu Sultan play in Mysuru

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For the last three decades or so, the debate comes up intermittently as to whether Congress and BJP are two sides of the same coin. Many political parties; time and over again; have been taking up this formulation as a justification for a third front, which is away from BJP and Congress both. In previous Bengal elections Congress-Left coalition did come up but could not muster a victory against Trinamool Congress. Currently such a choice is posed by many Dalit parties and lately such a formulation is being proffered by Asaduddin Owaisi’s party, the All India Majlis-e-Ittehad-ul-Muslimeen (AIMIM).

After the Bihar Assembly elections, where the Mahagathbandhan, with Rashtriya Janata Dal (RJD), Congress in the lead was defeated by a narrow margin, the analysts are trying to grapple as to how despite massive rallies of RJD and despite the horrendous suffering of average people due to the ‘four hour notice Corona lock down’, how could BJP led National Democratic Alliance (NDA) win the elections. Most of the analysts have been pointing fingers at AIMIM for the victory of NDA. Though exact analysis of seats shows that it might have directly benefited on a couple of seats for BJP, the deeper argument is that its entry into the electoral arena polarises the Hindu votes leading to BJP’s strength. While Asaduddin Owaisi raises the issues of minority community in the language of the Constitution, his younger brother and others from his party make statements, which are divisive and communal.

The infamous speech of Akbaruddin Owaisi, about the minority Muslims being able to deal with the majority if the police force is removed from the scene, is one example. This speech was widely circulated through social media and RSS combine forces used it extensively to build their vote banks. This polarisation supplements the polarisation, which the RSS combine has built up through the issues like Ram Temple, Cow Protection, Love Jihad, Corona jihad and what have you. Asaduddin Owaisi correctly laments the marginalisation of Muslims in the political sphere of the country; he outlines the declining social situation of the community. In an upright manner he is able to woo over the sections of the community with these arguments supplemented by the provocative statement that even if a sword is put on his neck he will not utter ‘Bharat mata Ki Jai’. One of his MLAs refused to utter the word Hindustan.

There are three layer operations by this party. First, is the significant presence in the parliament by Owassi, backed up by his media projection. He also most of the times; articulates the pain and anguish of Muslim community and his emotive responses like that on ‘Bharat Mata Ki Jai’. His party men, who merrily make Hate speeches, are generally not so much grilled by large sections of the media. And third, this party is allegedly in continuous attempt, from Maharashtra (With Prakash Ambedkar), in Jharkhand, and in Bihar (With Mayawati and Kushwaha), where focus is mainly on constituencies where Congress allies can be weakened by splitting of votes.

One has to concede that the Muslims’ political and social condition has massively deteriorated. At superficial level Congress can be blamed, more riots took place in their rule, Babri mosque was demolished during their rule, they have been unable to halt the juggernaut of Modi-BJP-RSS. Shahbano verdict was overturned by Congress rule, Babri mosque locks were also opened during Congress rule is the stock criticism of Congress to assert that what BJP does during the day Congress does during the night. This is as superficial as it can get. After RSS gained legitimacy by joining the JP movement, and after Advani launched the Ram Temple campaign, BJP got the platform which it needed to polarise and communalise. It is the communalisation by the RSS combine which surely is the dominating factor of Indian politics for the last few decades. It is this pressure due to which Rahul Gandhi declares himself as a janeu wearing Shiva Bahkt etc.

The other parties have also buckled down due to the massive communalisation created by the emotive issues propelled through the vast network of organisations, pracharaks and swayamsevaks placed in different locations in civil, social and political spaces. Through a well-knit organisational manoeuvre it has also erected an electoral machine which can pull its victory despite the massive sufferings wrought on poor people due to the policies of ruling BJP like the demonetisation, Corona lockdown, selling of the public sector to its favourite corporate sector among others.

A section of the Muslim community does tend to support orthodox elements due to the insecurity created by communal violence. This violence has been orchestrated due to the deliberate spread of misconceptions and hate against Muslims and lately against Christians. It is in this background of deep influence of sectarian nationalism that we need to evaluate the likes of UPA. UPA did appoint Sachar Committee but could not implement it mainly due to massive opposition to it. UPA wanted to bring in a Communal violence Bill but could not succeed mainly due to it being opposed in the National Integration Council and then in Parliament.

So today while blaming the formations like UPA, Congress etc., what is being put under the carpet is the rising tide of religious nationalism, which has been dividing the society along religious lines. The need is to articulate the problems of religious minorities without emotive provocations. The need is that the communal utterances from the likes of Akbarudding Owaisi and Waris Pathan stop forthwith.

Just analysing matters at an obvious level is not going to change the situation. We need to see the tide of communalism which cannot be shaken easily. We need to strengthen the voices which uphold pluralism and which think of the Justice Sachar Committee report. The voices which think of a bill against communal violence need to be strengthened. Any step which increases the electoral strength of BJP and its allies in NDA harms the interests of democracy. If BJP cannot be defeated by party A or B, an alliance based on pluralism and democracy has the potential to do so. While strengthening one’s political hold, if BJP gets strengthened it is against the interests of democracy. 

* The writer is a human rights defender and a former professor at the Indian Institute of Technology, Bombay (IIT Bombay). 

Other pieces by Dr. Puniyani:

Bid Curb Inter-faith marriages: Ruse to Restrict Women’s Freedom

Charlie Hebdo Cartoons and Blasphemy Laws in Contemporary Times

Was Mughal Rule the period of India’s Slavery?

Kashi- Mathura: Will temple politics be revived?

Scapegoats and Holy Cows

Freedom of Religion: Indian Scenario

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The All India Majlis-e-Ittehadul Muslimeen (AIMIM) party suffered a huge setback in West Bengal when its Bengal unit leader Anwar Pasha led an exodus from the Asauddin Owaisi led party to Mamata Banerjee’s Trinamool Congress (TMC).

Pasha joined TMC along with a few other AIMIM members in the presence of TMC MLAs Maloy Ghatak and Bratya Basu. Speaking to media persons in Kolkata, Pasha said, “AIMIM has played a hand in the polarisation of votes in Bihar and thus helped the BJP in forming the government there, but this will not happen in Bengal.”

AIMIM had won five key constituencies in Bihar in the Seemanchal region; Amour, Bahadurganj, Baisi, Jokihat and Kochdhaman, where the Muslim population is as high as 75 percent in some areas. In many other Muslim majority constituencies, the AIMIM was accused of splitting the Muslim vote, ultimatey causing victory for the BJP.

Pasha said that nearly 30 percent of the people of West Bengal were followers of Islam and various minorities have lived in the state amidst communal harmony, which is why political developments in Bihar cannot be allowed to be replicated in Bengal. He urged Muslims in the state to stand behind the TMC and Mamata Banerjee.

This is significant given how on Sunday Owaisi had revealed that his party was considering running for elections in the state and was considering various strategies and alliance options. If what happened in Bihar is any indication, AIMIM could have an impact in many constituencies with a significant Muslim population.

The party could be a game changer in the two Maldahas. Maldaha Uttar covers the assembly segments of Maldaha, Habibpur, Gazole, Chanchal, Harishchandrapur, Malatipur and Rauta. Of these the last four have majority Muslim populations. Dakshin Maladaha is where the Kalichak riots took place in January 2016, when a protest march, against derogatory remarks about Prophet Mohammed allegedly made by Hindu Mahasabha leader Kamlesh Tiwari, had turned violent. The rampaging mob ransacked a police station, a block development office and destroyed public property including government and police vehicles. Since then, this region has remained under the scanner for communal sensitivity.

Other Muslim majority areas where the AIMIM could swing the election in favour of the BJP are Murshidabad, Krishnanagar, Ranaghat and Bashirhat.

Related:

WB post poll analysis: Saffron fades as one heads South along the Bangladesh border
What does the Bihar election result mean?

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Image Courtesy: gnsnews.co.in

Is this a failure of the opposition in general to forge a common platform against the saffron alliance, or a particular case of political opportunism by the smaller players? In nine of the 25 seats where VBA impacted, it was the VB A candidate that was at number two. Arguably then a united opposition alliance may have swept up a more decisive win.

Of the nine seats in Maharashtra where  the AIMIMs presence helped the BJP-Shiv Sena to win, two of these, Chandivali and Kalina are in Mumbai! These are:

1. Sangola Seat
SHIV SENA: 99,464 votes
PWPI: 98,696:votes
AIMIM: 979 votes

Chandivali Seat
SHIV SENA: 85,879 Votes
INC: 85470 votes
AIMIM: 1167 votes

Nagpur Central
BJP: 75692 votes
INC: 71684 votes
AIMIM: 8565 votes

Pune Cantonment
BJP: 52160 votes
INC: 47148 votes
AIMIM: 6138 votes

Paithan
SHIV SENA: 83403 votes
 NCP: 69264 votes
 AIMIM: 17212 votes

Nanded North
SHIV SENA: 62884 votes
INC: 50778 votes
AIMIM: 41892 votes

Kamthi
BJP: 118182 votes
INC: 107066 votes
AIMIM + VBA:18946 votes

Kurla
SHIV SENA: 5049 votes
NCP: 34036 votes
AIMIM:  17349 votes

Kalina
SHIV SENA: 43319 votes
INC: 38388 votes
AIMIM: 2637 votes
 
In 25 seats, it was the VBA to turn spoiler. Though the VBA did not manage to win a single seat in the Maharashtra Assembly election out of the 235 seats they contested, in as many as 25 seats, the VBA made a crucial, decisive difference – a factor that could have potentially changed the overall result of the election as well.In 25 of the seats where the Congress/NCP candidate came second and the BJP/Sena candidate won, the margin of victory was smaller than the number of votes polled by the VBA.Of the 25 seats, the BJP ended up winning in 20 seats and the Shiv Sena in the other 5.

Could 34 seats have made a crucial difference?

The winning BJP-Sena alliance won 161 seats, and the Cong-NCP+ alliance, in the final tallystands at 102. If the saffron alliance had lost the 34 seats to the Opposition alliance, it would have been a close call:
 

• BJP-Sena: 161-34= 127
• Cong-NCP+: 102 + 34 = 136
• Others: 25

 
The, the BJP would have dropped down to 85, and the Sena to 51. The BJP-Sena alliance would have been not just way short of the majority mark of 145 in the 288-member Maharashtra Assembly, and the Opposition alliance would have been just another 9 seats behind them.
 
Who then formed the government would be left to post poll machinations and not logic or arithmetic. The race to cobble together a majority would have been wide open.
 
Where did the VBA play spoiler?
 
The constituencies where the Congress candidate came second, and the margin of victory for BJP/Shiv Sena was less than the number of votes polled by VBA are:
 

1. Akola West – BJP
2. Arni – BJP
3. Ballarpur – BJP
4. Chikhli – BJP
5. Chimur – BJP
6. Dhamamgaon railway – BJP
7. Khamgaon -BJP
8. Nagpur South – BJP
9. Pune Cantonment – BJP
10. Ralegaon – BJP
11. Shivajinagar – BJP
12. Tuljapur – BJP
13. Yavatmal – BJP
14. Chandivali – Shiv Sena
15. Chembur – Shiv Sena
16. Nanded North – Shiv Sena

 
The list below if of those seats where the NCP candidate came second, and the margin of victory for BJP/Shiv Sena was less than the number of votes polled by VBA:
 

1. Chalisgaon – BJP
2. Daund – BJP
3. Georai – BJP
4. Jintur – BJP
5. Khadakwasala – BJP
6. Malshiras – BJP
7. Ulhasnagar – BJP
8. Osmanabad – Shiv Sena
9. Paithan – Shiv Sena

 
Interestingly, in Chimur, the Congress polled 77,394 votes and the BJP secured 87,146 votes. The victory margin for the BJP over the Congress was 9,752. Ambedkar’s VBA received 24,474 votes, thereby taking the Cong + VBA tally up to 1,01,868 votes, which is far higher than what the BJP polled.
 
In Akola West, the Congress received 70,669 votes, losing to the BJP by a small margin of 2,593 votes. The VBA, with 20,687 votes, secured more than the victory margin here as well.

In Daund, the NCP lost to the BJP by a mere 746 votes. The VBA polled a paltry 2,633 votes – but it was still more than the margin of 746.
 
VBA’s Disappointing Performance

The fledgling VBA, which contested its first Assembly election this time around, may have overreached by choosing to put up candidates in as many as 235 seats. In fact, the VBA is the party which contested the highest number of seats in Maharashtra.In hindsight, by contesting fewer seats and focusing the party’s energies on those specific constituencies it may have done better.
.
Though it won no seats, and came second in the following 9 constituencies.

1. Akola East
2. Akot
3. Balapur
4. Buldhana
5. Kalamnuri
6. Loha
7. Murizapur
8. Solapur City North
9. Washim

 The VBA came third or lower in 226 of the 235 seats it fought.
 

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He said that the split with AIMIM will not affect the performance of the party. Extending his best wishes to Asad Owaisi, he said every party has a right to spread its wings.

AIMIM and VBA had a few days back decided to part their ways due to the disagreement over seat sharing. AIMIM announced their first list of candidates.

In the 2019 ok Sabha elections the AIMIM and VBA alliance had contested from all the 48 seats but had registered victory on only one seat in Aurangabad which Imtiyaz Jaleel from AIMIM won.

State spokesman of VBA Farooque Ahmed told Twocircles.net a”Bala saheb has announced  that 25 Muslims will be contesting the polls from our party ticket and the list will be released in a week’s time.”

Farooque said, “People should keep in mind that our differences with AIMIM are purely political and  it is a split between two parties not two communities . One should not spread rumours or misquote leaders”.

Courtesy: Two Circles
 

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Image: Courtesy Hindustan Times

Electoral candidates who have been accused of communal offences win more often than candidates free of such charges. Candidates charged with non-communal crimes too stand a better chance of winning than the ones without blame. But those with communal offences have better prospects than those charged with non-communal crimes.

These are the disturbing findings of an analysis of political aspirants to the Lok Sabha or state assemblies conducted by the Hindustan Times. Mercifully, the number of candidates with criminal charges fielded by the various political parties is a small percentage of total candidates fielded by them. The analysis is based on a study of more than 50,000 candidates who contested elections in the past five years.

Of the 41,488 candidates who had no charges against them, 2,550 were successful, giving a success rate of 6%. In comparison, of the 8,649 candidates with non-communal criminal offences against them, 1,201 were successful: strike rate 14%. Meanwhile, of the 187 candidates charged with communal offences, 53 won: strike rate 28%. In short, communal-majoritarianism pays political dividends.
From among the high-profile political leaders, those with communal offences registered against them include Union cabinet minister, Uma Bharti, UP chief minister, Yogi Adityanath, his deputy CM, Keshav Prasad Maurya and the Owaisi brothers from the All-India Majlis-e-Ittehadul Muslimeen (AIMIM).  

Expectedly, the largest number of candidates with communal cases against them was fielded by the BJP: 48 out of 3,727 candidates (1.3% of total). In comparison, of the 3,553 candidates nominated by the Congress only 12 had been booked for communal offences.

The Hindustan Times’ analysis showed that only one political candidate had been convicted while the other cases remain pending.

Read the full Hindustan Times report.  
 
 

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