Even after reporting hate speeches, filing complaints and lodging First Information Reports (FIRs) against speakers, ensuring that action is taking in pursuance to the said FIRs is as big a task as one can imagine, evidenced by the number of hate offenders and hate speakers roaming freely even after having multiple FIRs against their names for making provocative speeches. Repeated hate speaker and Maharashtra state BJP Vice-President Vikram Pawaskar is one such influential leader of the ruling BJP party who has been benefitting from the sleepy process of “justice” being employed by the police. The situation is such that the petitioners have had to approach the Bombay High Court by filing a criminal writ petition to urge the courts to direct the state of Maharashtra to take immediate action against Pawaskar in view of the FIRs lodged in 2023 and investigate, arrest and prosecute all the accused.

It is highlighted here that the final chargesheet filed in the case on December 18, 2023, does not include Pawaskar’s name. Regarding the same, in its order, the Bombay High court bench had directed the Satara police and the Sangli police to submit responses on the FIRs related to speeches made by Pawaskar in Sangli and on the chargesheet where his name remains missing.

With this, the petitioner has also demanded the transfer the investigation of the case to a court monitored Special Investigation Team if the court feels pertinent. The petitioners have specifically prayed that Vikram Pawaskar, who enabled the hate speech event by conspiring to commit communal violence and made at least two hate speeches, be arraigned.

It is essential to note that the High Court bench comprising Justices Revati Mohite Dere and Manjusha Deshpande have also directed the police to ensure protection for the petitioner and witnesses in the case.

Details of the anti-Muslim riot:

In the month of September of 2023, anti-Muslim violence had taken place in the erstwhile quiet and harmonious Satara district of Maharashtra. On September 10, two posts/comments allegedly surfaced from the social media accounts of Altamash and Muzzamil Bagwan. While Muzzamil’s alleged post contained derogatory references to Shivaji, Altamash’s alleged comments contained derogatory comments about Sita. As both the aforementioned individual were by the police for investigation, on September 10 itself, a mob of approximately 200 to 250 people, some from neighbouring villages like Wadgaon gathered in Datta chowk at around 9.30pm. The mob was allegedly “enraged” by the alleged posts of Altamash and Muzammil.

To showcase their “anger”, the said mob attacked shops owned by Muslims on their way from Datta chowk to the Jama Mosque. As per a fact-finding report of the Centre for the Study of Society and Secularism (CSSS), a small mosque which fell in the way of the mob was also attacked and the Quran in it was burnt. When the mob reached the Jama Mosque around 9.45 pm, the mob torched seven to eight vehicles parked outside the Mosque as well as pelted stones on the shops near it owned by the Muslims. There were around 14 devotees in the Jama Mosque, all of whom were beaten up and sustained serious injuries. Nurul Hasan Shikalgar, an engineer who owned an earth moving machinery (JCB), was present in the mosque and was attacked on his head fatally leading to his death on the spot. According to eye witnesses, there were not more than 5 to 6 police personnel present at the sites of violence and didn’t help in protecting the property or lives of the Muslims.  From 9.30pm to 11pm, the Muslim residents were attacked brazenly. The mob was equipped with sticks, iron rods, petrol, bricks and stones.

The FIRs, chargesheet filed in the anti-Muslim violence case:

The initial FIR filed by the Satara police on September 11 named 28 accused. Nine more names were added later. In the said FIR, sections 302, 307, 324, 141, 143, 147, 148, 149, 427, 435, 449, and 450 of the Indian Penal Code, 1860 and section 3 of the Prevention of Damage to Public Property Act, 1984 were used. Among the ones booked are Rahul Kadam and Shriram Joshi who were accused of having hit civil engineer Hassan on his head, leading to injuries that caused his death.

On September 13, a supplementary statement was recorded by the Satara police in which they had cited a complainant who had stated that a meeting had been held by BJP leader Pawaskar on August 21. The said meeting had been organised at the house of another accused, Sangram Dadaso Mali, in Karad, 28 kms from Pusesavali. The same is important to note as at least 27 of those accused of rioting on September 10 were present for this particular meeting as per the petition. As per the petition, the supplementary statement provides that Pawaskar directed those in the meeting to target Muslims and planned an attack to damage vehicles and property, cause communal violence and lynching. Notably, the police had added Section 120B of the Indian Penal Code after the statement related to Pawaskar was added in the FIR.

However, as pointed out by us above, Pawaskar’s name cannot be found in the final chargesheet or in the list of accused. A report of Scroll provides that when contacted, Satara superintendent Sameer Shaikh declined to comment. A police official told Scroll that Pawaskar’s name has not been officially added to the main FIR.

The role played by Vikram Pawaskar as per the writ petition:

As per the writ petition filed at the Bombay High Court, under Article 226 of the Constitution of India, the petitioners have shed light upon the two instances of hate speeches delivered by the BJP leader. As per the petition, on January 24, 2023, Pawaskar made a hate speech targeting the Muslim community and uttered derogatory words against the religious minority community. These speeches were made in front of an audience of 3000 to 3500. As per the submission made by the petitioner through the petition, the speeches of Pawaskar incited hate, enmity, and violence by using derogatory words against the Muslim community. It is pertinent here to highlight that the FIR filed at Vita Police Station in the case on May 11, 2023 records that Pavaskar repeatedly used the derogatory word “Landya (meaning circumcised)” while referring to the Muslim Community and gave calls to communal violence and killings of Muslims in his speeches. The said FIR booked Pawaskar under sections 153A, 295A and 34 of the IPC.

The writ petition also mentions another instance of hate speech that took place on June 2, 2023. As had been reported by Sabrang India, on June 2, a gathering was arranged by Shiv Pratisthan Hindustan in Islampur. During this event, in the presence of police officers, Pawaskar made an incendiary speech that had anti-Muslim sentiments. He mentioned historical figures such as Tipu Sultan, and made derogatory comments about their lineage. Additionally, he also made remarks about the so-called bogey of “love jihad” as he called for unity among Hindus and also asserted that India should become a Hindu Rashtra. An FIR against the said hate speech delivered by Pawaskar was registered at the Ialampur Police stated under sections 153A, 295A and 298 of the IPC.It is essential to highlight here that in regards to the hate speech delivered by Pawaskar in June,

A detailed report of the hate speeches along with the videos of the same can be accessed here.

As mentioned above, the writ petition also emphasised upon the role played by Pawaskar in instigating the mob to indulge in anti-Muslim violence.

Issue of inaction by the police against Pawaskar:

Through the writ petition filed by the petitioner in the High Court, the issue of inaction by the police in furtherance to the FIRs filed had been emphasised by the petitioners. The petitioner has also highlighted that even after the first FIR was filed against Pawaskar, no preventive action was employed by the police prior to his future speeches as has been directed by the Supreme Court through multiple orders given in the Shaheen Abdullah case. The petitioner has also pointed out in the plea that even after sending letters to the police officer concerned, marking the DGP Maharashtra as well, demanding prosecution of Pawaskar, no replies were received by the petitioner.

The petitioner has sharply pointed out in the petition that had any action been taken against Pawaskar by the police, the riots of September and “incidents of inciting hate would not have arisen.” (Para 13)

The petition states that even as some individuals were arrested in connection with the September anti-Muslim violence, no action was taken against Pawaskar, who has been accused of committing grave crimes such as incitement of violence, criminal conspiracy. Conspiracy to commit offences such as murder etc. these offences form cognisable and non-bailable offences, and yet no action has been taken by the police against the BJP leader.

The petitioner has also termed it to be “shocking” that Pawaskar’s name has not even been included in the accused list in the chargesheet. The petition stated “It is shocking that in spite such serious charges and in spite of being clearly named as the conspirator of targeted violence and murder, no steps have been taken to arraign Mr. Vikram Pavaskar as am accused for the heinous crime of instigating and organising a communal riot to commit killing and breach the peace in the city.” (Para 16)

The petition then elaborates the statements given by six witnesses, recorded under section 164 of the Code of Criminal Procedure, which highlight the role that Pawaskar played in the happening of the said violence, including in directly conspiring to plan the mob violence that took place on September 10 and assuring the mob that no consequences would befall them.

It is the case of the petitioners through the plea that the failure of the police officials to act in accordance too all the three FIRs filed against Pawaskar “permitted him to continue engaging in hateful rhetoric against the Muslim community on several occasions. As per the petition, the said inaction by the relevant police violates several fundamental rights and constitutional principles, including the right to life, equality, non-discrimination, secularism, fraternity and religious tolerance.

It is also essential to highlight here that in regards to the hate speech delivered by Pawaskar in June, several citizens and social organisations had submitted a memorandum to Police Inspector Shashikant Chavan of Islampur police station raising demands of immediate criminal charges and investigation into the provocative statements by Pavaskar and the organisers of the event, Shiv Pratishthan Hindustan in Islampur on June 2. The memorandum had relied on recent orders of the Supreme Court, wherein the police administration has been directed to keep a close watch, videography of such events, ensure no hate speeches are given and if they are, they should be prosecuted. It is the duty of all citizens to ensure that no hate speech or violation of law or disturbance of public order takes place, they stated.

Order of the Bombay High Court (January 19, 2024):

In the said order, the bench noted the submissions made by the petitioner of the case. The main arguments forwarded by the bench highlight the lack of action taken by the police despite two FIRs being filed on the incidents of hate speech.

“The Petitioner submits that despite two incidences of hate-speech having taken place on 24 January 2023 and 2 June 2023, at Sangli, no steps have been taken by the police to arrest the person who gave the hate-speech. She submitted that as far as the incident of 24 January 2023 is concerned, the case was registered by the police only on 11 May 2023, after making several representations to the police for registration of an FIR.” (Para 2)

Referring to the role of Pawaskar in incitement of anti-Muslim violence in September, the court noted the submission of the petitioner as: “According to the counsel for the Petitioner, one Vikram Pavaskar had incited/instigated Sangram Mane and others to vandalize the mosque and to fuel communal violence. She submits that the police have arrested only Sangram Mane, in whose house the alleged conspiracy took place, however, have not taken any steps vis–a–vis Vikram Pavaskar.” (Para 3)

The court noted that no action has been taken by either Vita Police Station or Islampur Police Station in the hate speech FIRs filed against Pawaskar. Furthermore, the court noted that “The counsel for the petitioner also submits that despite the police having video recorded the incident of June 2, 2023, as directed by the Apex Court, no steps were taken for immediate the arrest of the persons under Section 151 of Cr.P.C.” (Para 4)

In its order, in view of the observations made, the Court asks Mr. Venegaonkar, the Public Prosecutor, to submit their response by February 2, 2024.

Recording the apprehension of danger to life of the petitioner and the life of the witnesses who have given their statement in the said case, the bench urged the public prosecutor to speak to the superior authorities and take the appropriate steps to provide protection to the petitioners.

The complete order can be read here:

Related:

Hate Offender: BJP state VP, Vikram Pawaskar uses abuse and intimidation against Satara’s Muslims, wants “Hindu Rashtra”

Muslims, victims of targeted violence in Pusesavali, Satara: Fact-finding report

Pay compensation to Nurul Hasan Shikalgar’s family, order independent judicial inquiry: Satara Citizens to Maharashtra Govt

File a criminal case against Vikram Pavaskar, Shiv Pratisthan Hindustan demand citizens and social organisations

The post Why no action against hate monger, BJP leader, Vikram Pawaskar asks Bombay HC appeared first on SabrangIndia.

Justice RM Joshi of the Aurangabad bench granted the stay on the impugned order by observing that, prima facie, the DM passed the order without being satisfied that there is likelihood of breach of peace, making the order not sustainable in law. In view of this, the HC Bench directed that the mosque keys be handed over to the Jumma Masjid Trust Committee by Jalgaon District Collector Aman Mittal.

“Prima facie perusal of the order impugned shows that there is no finding recorded about the Authority being satisfied that there is likelihood of breach of peace on account of alleged dispute…Section 144 of Cr.P.C no doubt provides the powers to the District Magistrate even to take suo moto action, however, existence of likelihood of causing of disturbance of public peace or tranquility is sine qua non to assume such power. In prima facie opinion of this Court for want of such findings being recorded makes impugned order vulnerable and not sustainable in law”, the court stated in its order, as provided by LiveLaw.

Pandavwada Sangharsh Samiti (PSS), an unregistered Hindu organisation that first brought up the issue and filed the complaint with the DM on May 2023, asserted that the mosque in question resembles a temple and accused the local Muslim community of encroaching upon the said structure. The Jumma Masjid Trust Committee, which is in charge of maintaining the mosque, asserted that it has papers demonstrating that the structure has existed since at least 1861.

The authorities opposing the plea further argued that the Collector’s order was only interim and not final, and that a thorough hearing had been scheduled before the final decision was issued. The court overruled the authorities’ argument that the petition could not be maintained on the ground of existence of alternate remedy.  

“Perusal of the relevant provisions do not show that any appeal is provided against interim order passed by District Magistrate under Section 144(1) of Cr.P.C. The remedy of filing an application before the same authority or before the State Government for alteration of the order cannot be equated with an Appeal. Hence, prima facie this Court finds that for want of efficacious remedy Petition is tenable and hence, there is no substance in the objection raised regarding maintainability of the Petition”, the court held, as reported by the LiveLaw.

Making the aforementioned observation, the court issued notice to the respondents and posted the matter for further hearing on August 1, 2023.

Brief background of the issue:

The dispute over the structure’s ownership and purpose has been ongoing since the 1980s, with Hindutva groups claiming association with the Pandavas, who were believed to have spent years in exile in the area. The current situation arose from a complaint submitted by Prasad Madhusudan Dandawate of the PSS to the District Magistrate on May 18. It is essential to note that Dandawate is also a member of the Rashtriya Swayamsevak Sangh (RSS), Vishwa Hindu Parishad (VHP) and the Bajrang Dal. As provided by the report of the Wire, the complainant had claimed that the mosque was “illegally” built over a Hindu place of worship and that it should be taken over by state authorities.

As claimed by the Trust in the current case, notice was issued to it based on the complaint and a hearing was scheduled for June 27. However, the hearing did not occur as the DM was preoccupied. 

On July 11, the DM issued an interim restraining order under Sections 144 and 145 of the CrPC and directed the tahsildar to take charge of the mosque. Thus, the petitioner Trust approached the High Court against this order.

On July 13, a division bench of Justices RG Avachat and SA Deshmukh had observed that a single-judge bench would handle the matter since the order was passed by the quasi-judicial authority of the District Magistrate under the CrPC.

Related:

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Paving a path for a more tolerant India, Muslim woman is seen offering Namaz in a Gurudwara

The post Bombay HC: 2 weeks stay on order restraining offering of Namaz at an 800-year-old Jumma Masjid appeared first on SabrangIndia.

The delegation highlighted the fact that anti-Muslim sentiments that were perpetrated by the two speakers who had delivered the hate speech at the event. They also spoke about this event and a series of previous ones as concerted coordinated efforts to harm social harmony and create an atmosphere conducive to targeted violence. The delegation highlighted the fact that  such speeches and gatherings were creating a harmful and dangerous environment for a marginalised minority, Muslims as open calls for violence and taking up of arms against the Muslims were also made, where exhortations to “chop the religious minority into small pieces” were made and normalised.

As individuals and citizens committed to working in the social sphere with all communities as well as to maintaining social harmony between the majority and the minority religious communities, the delegation, which itself had members from diverse religious backgrounds, emphasized that the police’s inaction to first prevent it from happening, and then delayed prosecution action, was further detrimental.

Before this delegation met the DYSP, last week, on May 10, Citizens for Justice and Peace had complained to the SP, Jalgaon and the SDPO Jalgaon (Division) to register a complaint against the above-mentioned two hate speeches during the HJS event.  In the said complaint, CJP had highlighted that the communal and hate spewing speech delivered by the two unknown hate speakers, one man and one woman, promoted a hard, right-wing, exclusionist ideology, through which he has targeted and othered the Muslim Community.

Giving an interview after submitting the written complaint along with the full transcript of hate speech delivered on CD, members of delegation stated that the police authorities have assured them that the necessary action will be taken in this case soon. The delegation also re-iterated the FIR that had been taken by the Jalgaon police against the notorious hate speaker Suresh Chavhanke, editor-in-chief of Sudarshan TV, for delivering a hate speech in December 25, and said that they expect an FIR to be filed in the current case too. Khaliddada Deshmukh speaking to the media reiterated that a peaceful and determined movement of citizens from diverse walks of life would be sustained to counter all these attempts to harm social peace and harmony.

In the delegation were Advocate  Karim Salar, Khalildada Deshmukh, Azhar Khan (City President Pragatik Vichar Manch), Sunil Shinden (BAMSEF), Dilip Sapkale (Savarkar Rickshaw Union), Amrita Netkar (Youth Front District President, AAP), Rizwan Jagirdar (Insaniyat Foundation), Sattar Pinjri ( SA worker), Madhavrao Jadhav (Mr. Chief, AAP). There are over a dozen signatories to the complaint, and the list is as follows:

List of Signatories

4)         Ajhar Khan (Shaharadhyaksh Pragatik Vichar Manch)

5)         Sattar Pinjari (Samajik Karyakarta)

6)         Mo. Ajhar Khan (Samajik Karyakarta)

7)         Mo. Shahid (Adhyaksh, Aman Educational Welfare Society)

8)         Fahim Patel (Samajik Karyakarta)

9)         A. Bakid Deshmukh (Samajik Karyakarta)

10)       Farukh Kadri (Kadariya Foundation)

11)       Amruta Netkar (Jilhadhyaksh, Yuva Aaghadi, AAP)

12)       Madharav Jadhav (Mahanagar Pramukh, AAP)

13)       Dr. Shakir Shaikh (Rashtriya Muslim Morcha Upadhyaksh)

14)       Rais Kureshi (Jilha Alpasankhyank Adhyaksh, AAP)

15)       Shaikh Rasool Usman (Jilha, Pravakta, Ra, Kau.)

16)       Rijwan Jahagirdar (Secretary, Insaniyat Foundation)

17)       Shaikh Irfan (Jilha Social Media Pramukh, AAP)

18)       Dilip Sapkale (Riksha Union, Jalgaon)

19)       Aarif Ismail Shah (Samajik Karyakarta)

19)       Kau. Sudhakar Ajayrao Patil

Mr. Khalil Deshmukh, a prominent and enthusiastic part of the delegation, issued a statement saying that “Against the propaganda of Hindutva people, we secular, humanist minded activists will not take the law into our hands and do unconstitutional acts, but we will continue the legal, peaceful fight with humanist minded activists like Teesta Setalvad and Citizens for Justice and Peace.”

The interview given by the delegation after submitting the complaint can be viewed here:

Related:

CJP sends complaint to SP SDPO, Jalgaon against HJS event where conspiracy theories against Muslims was being peddled

Citizens delegation demands action against HJDS, Sakal Hindu Samaj for anti-Muslim hate, meets CP, Thane

FIR against Suresh Chavhanke in Jalgaon, Maharashtra

Defiant of the SC, Suresh Chavhanke, Raja Singh & Hindutva outfits escalate hate to dangerous levels

Wild Goose Chase: From filing preemptive complaints to following up with officers, a round-up of CJP’s efforts to curb hate speech

Memo seeking preventive action against Hindu Janajagruti Samiti event sent to authorities

Citizens’ attempts to prevent hate speech event ignored, Hate Event allowed by Ratnagiri Police

Maharashtra: The new breeding ground for hate, oaths of allegiance to the Constitution brutally violated

The post Pursuant to complaint by CJP to Jalgaon police, against hate event on Apil 30, a diverse delegation of citizens approach police, demand prompt action appeared first on SabrangIndia.

The 9-minute video of the speech may be viewed here: 

Far-right Hindu groups have adopted a new strategy to avoid their hate speeches from coming under the scanner.

They mute live stream of segments where speakers deliver anti-Muslim remarks.

Suresh Chavhanke delivered one such speech at Hindu Janajagruti Samiti event on Dec 25. pic.twitter.com/AhYb5DhMcz

— HindutvaWatch (@HindutvaWatchIn) December 29, 2022

The entire transcript of the video can be read here. Citizens for Justice and Peace (CJP) had, on December 30 flagged details of this hate content made by Suresh Chavhanke.

The most offensive parts of Chavhanke’s speech:

• “Today is a Christian festival. There are 2% Christians in India, at least the ones who tell their real names, leave aside the fake ones. The festival of these 2% is being imposed on the 98% people. The Hindus are so gullible that they are putting up Christmas trees in hotels, malls, airports. Is there any relation of Christmas trees and India?”
• “It is taught in these mosques how to tie kalava, how to keep fake identity, they are given motorcycles. This is an organized crime. They are big dacoits and terrorists and so that there is a law against it, I am coming to Maharashtra”
• “Our first Education was not even Indian, he was a Saudi national. He was educated in a Madrassa and was making our education policy.  Along with Christians, they did not let the stories our Hindu Bravehearts come to the forefront. In CBSE syllabus there are only four lines dedicated to Shivaji Maharaj. Aurangzeb, Babur, Khilji find mention. Today, this is getting transformed. If you fall into her mentality then your next generation will be Muslims.”

Present FIR

The present FIR has been registered at the instance of Police Naik Bharat Chavan of Jilhapeth police station in Jalgaon stating that through the speeches, the accused tried to divide the society along communal lines, said objectionable things and also violated the conditions laid down by the police for the said event. Reports of the action taken by the Jalgaon police have been reported in the daily, Sakal. The case is being investigated by Sub-Inspector Ganesh Deshmukh.

CJP complains against April 30, 2023 Hate Event in Jalgaon

On Wednesday, May 10, 2023, Citizens for Justice and Peace (cjp.org.in) has despatched a complaint by email and registered post against a recent hate event, a similar event organised by HJS in Jalgaon’s Dharangaon on April 30 where hateful and inciteful speeches were made by unidentified speakers. A complaint has been sent to Jalgaon SP, M Rajkumar and SDPO, Jalgaon as well. CJP and other organisations, who will be collectively meeting the SP, M Rajkumar on this recent complaint soon. There is demand for investigations into individual hate offenders as also organisers who are arranging these serial incidents in the state.

At the April 30, 23 event too, the speakers have made misinformed and offensive claims against the minority community and their culture. The said speakers have even made open calls of violence against the Muslim community.

These series of hate events and speeches are being allowed even as an ongoing case in the Supreme Court has directed preventive and prosecutorial action against organisations and speakers.

In October 2022, January-February 2023 and finally on April 28, 2023, the Supreme Court directed police authorities in Maharashtra and all other states to ensure application of prevention and prosecution measures, already prescribed under Indian criminal law, to such events, the organisations and speakers. The next hearing of the matter in the Supreme Court is scheduled for tomorrow, April 12. Maharashtra state has been specifically asked to answer why it has failed to act against hate.

Since December 2022, Chavhanke has made five hate speeches in Maharashtra Jalgaon (December 25, 2022), Ahmednagar (February 6), Pune (February 15), Aurangabad (March 19) and Nashik (March 22). This is the first FIR against him in Maharashtra.

Other hate offenders against whom FIRs have been registered in the state are T Raja Singh, suspended BJP MLA (four FIRs), Kajal Hindustani (two FIRs), Kallicharan Maharaj (one FIR) and now, Suresh Chavhanke (one FIR). No arrests have yet been made in this connection.

Related:

Christmas of the 2% is being imposed on the 98%, says Suresh Chavhanke

Chavhanke indulges in hate speech again, encourages audience to take oath for “Hindu Rashtra” with him

Should repeat hate speeches (Suresh Chavhanke, Nagar, Maharashtra) not be prosecuted?

A roundup of the CJP’s efforts to curb hate speeches by Hindu Janajagruiti Samaj, from filing preemptive complaints to following up with officers

The post FIR against Suresh Chavhanke in Jalgaon, Maharashtra appeared first on SabrangIndia.