Besides, the open communication also demands that the Uttarakhand police should be asked why they have failed to seek cancellation of bail in cases of violation of bail conditions, by Yati Narsinghanand and others. In fact, we feel Yati Narsinghanand should be arrested under the National Security Act for his attempts to disrupt public order. Besides, the Uttarakhand police should be asked to take strict action against all incidents of violence and hate speech, as per the law, the directions of the Supreme Court, and constitutional propriety.

The letter may be read here.

CCG Open letter to Union Home Minister on  fomenting of communal unrest in Uttarakhand

October 28, 2024

To

Shri Amit Shah,

Hon’ble Home Minister of India

Honourable Home Minister of India,

As you probably know, we, the members of the Constitutional Conduct Group of former civil servants, have frequently expressed our views on the systematic erosion in recent years of constitutional values in public policy, governance and politics. This erosion has been most evident in the way the authorities have dealt with situations of communal conflict. More often than not, the conduct of several governments has led to communal hostility and violence with the involvement of those elements in society that sustain themselves ideologically on the politics of majoritarian hate, exclusion and division. The rise of such elements has been particularly noticeable in Uttar Pradesh, Uttarakhand, Himachal Pradesh and Rajasthan.

1. Today we write to you to express our alarm regarding recent developments in the state of Uttarakhand, a sensitive border state long known for its traditions of peace, harmony and environmental activism and which, until a few years ago, had never displayed even the faintest hint of majoritarian aggression and belligerence. In fact, given its long history of being a sanctuary for spiritual and philosophical pursuits of diverse faiths and traditions, the coexistence of different communities and their close relationship with one another was seen as normal and natural.

2. The wilful injection of communal poison into the body politic of Uttarakhand in recent years has been part of a systematic attempt to create new nurseries of hate which can change the syncretic, pluralistic and peaceful character of the region and make it into a breeding ground for an aggressive, militarised and bigoted version of Hindutva, permanently engaged in deepening the cleavage between communities. It is an attempt to force the minorities to live in a state of permanent fear and come to accept a premise that they are subordinate to the dominant Hindu majority. The plan seems to be to make Uttarakhand a template for similar strategies to be employed elsewhere in the country, in all places that have so far resisted such majoritarian aggression.

1. A pattern is beginning to emerge in Uttarakhand which has very ominous portends:

• On September 10, 2024, a hate speech was made in the Dehradun Press Club claiming that a “dharma sansad” will be organised in December 2024. It may be recalled that a “dharma sansad” was organized in Haridwar in December 2021, in which a series of genocidal speeches demanded the mass killings and mass rape of Indian Muslims. The call for another “dharma sansad” has now been made by many of the same individuals and Hindus have been asked to arm themselves and treat members of the minority community as “enemies of humanity”.
• The announcement on September 10, 2024 was made against the background of a series of carefully organised incidents of hate inspired violence in the state.  Since August 12, 2024, hate speeches and violent attacks have occurred in Chauras (near Kirti Nagar), Dehradun, Srinagar, Berinag, Uttarkashi, Karnaprayag, Nandnagar (Chamoli), Tharali (Chamoli), Tilwada, Gauchar (Chamoli), Sonprayag, Haldwani and several other locations in the state.  Properties have been damaged and, reportedly, minority families have been forced to flee from their Boards have been put up banning business by Muslim and non-Hindu vendors. A small handful of individuals and organisations – including those involved in the 2021 “dharma sansad” – are responsible for the majority of these incidents. (As per our information, these are just five individuals and two organisations, viz. Bajrang Dal and Rashtriya Seva Sangathan).
• There are ongoing calls for “mahapanchayats” to be held, which are used as a means to stoke communal violence and demand the economic boycott and expulsion of Muslim residents. We are informed that those who instigated the violence in Uttarkashi on October 24, 2024 have announced that they are going to call a mahapanchayat on November 4, 2024.
• In the vast majority of incidents, past and present, those responsible for false inflammatory allegations of “love jihad”, hate speech or property destruction have not even been detained.^[1] Even where a few arrests were made, most of those have been given bail including the notorious repeat offender and the main organiser of the 2021 event – Yati Narsinghanand.
• When on bail, the accused flagrantly violate their bail conditions with the police remaining completely unconcerned. No attempts are made to cancel their bail.
• In a particularly disturbing incident on September 27, 2024, the Dehradun police detained a repeat offender for being implicated in a violent communal clash that resulted in damage to trains as well as several private vehicles. However, his supporters were then permitted to block the main intersection of the city, call for a bandh in the main bazaar, deliver hate speeches openly and hold a celebratory parade after the main offender was “freed”.
• On September 19, 2024, 53 women’s and civil society groups from 18 states wrote an open letter to the Uttarakhand Governor condemning the manner in which women’s safety was being endangered, and complained of the police being partisan.  They noted that while some members of the minority community have been physically attacked and publicly blamed for crimes against women, in the case of people close to the ruling party who are the real perpetrators of such violence, the police have gone slow, tried to weaken the case against them and have even attempted to pressurise the victims to withdraw their complaints.

4. We applaud the fact that some district officials and police officers have adopted an even-handed approach, registered suo motu FIRs, and on some occasions prevented large scale violence from spreading.  But these attempts have been sporadic and insufficient in the face of a larger concerted attempt to raise the communal temperature, with the authorities either being complicit, or apathetic and ineffective.   We have raised this concern with the state government thrice since June 2023, but we see no change in the overall pattern.
5. Against this sombre backdrop, we have reason to fear that if this ongoing campaign is not stopped, and if the proposed “dharma sansad” is permitted, this sensitive border state may spiral into a vicious cycle of organised violence with serious implications not just for internal peace and public order but for national security.
6. We therefore request your urgent intervention to ensure that:

– communally charged events such as the proposed mahapanchayat in Uttarkashi on November 4, 2024 and the proposed “dharma sansad” in December 2024 are not permitted; action should be taken against those attempting to use such events to foment hate and incite violence.

– The Uttarakhand police should be asked why they have failed to seek cancellation of bail in cases of violation of bail conditions, by Yati Narsinghanand and others. In fact, we feel Yati Narsinghanand should be arrested under the National Security Act for his attempts to disrupt public order.

– The Uttarakhand police should be asked to take strict action against all incidents of violence and hate speech, as per the law, the directions of the Supreme Court, and constitutional propriety.

7. We reiterate that we, as a group, have no affiliation with any political party or group and that our request is motivated entirely by our concern that a State known for its traditions of peace, tranquillity and civic harmony should not degenerate into becoming yet another arena for communal conflict and public disorder to serve narrow political and sectarian ends. 

SATYAMEVA JAYATE

Yours faithfully,

Constitutional Conduct Group (101 signatories, as at pages 4-7 below)

[1]      Please see “‘Love jihad’ drove out Muslims from an Uttarakhand town. In court, it turned out to be a hoax”, Scroll.in, July 17, 2024.

https://scroll.in/article/1070672/love-jihad-drove-out-muslims-from-an-uttarakhand-town-in-court-it-turned-out-to-be-a-hoax

The post Stop Nov 4 Mahapanchayat in Uttarakhand & “Dharma Sansad” in December: Former civil servants to Amit Shah appeared first on SabrangIndia.

On the issuing of directions for the filing of FIR against the letter of the signatories sent to the DM, the bench said that it is not inclined to direct the registration of case, as it would be inappropriate considering the fact that it first and foremost for the police to examine whether commission of cognizable offence is disclosed. The bench further stated that even if the police is not acting, the petitioners have the right to approach the concerned Magistrate to examine under 156(3) of the Code of Criminal Proceedings (CrPC).It was the opinion of the court that the directions sought by the petitioner would lead to undue influence on the concerned statutory authorities and courts. The court then the directed all respondents to take whatever steps necessary to fulfil their Constitutional obligation to maintain law and order and protect the lives of all.

On Thursday morning three legal interventions (June 14) has been filed before the Supreme Court. One of was a petition by the same petitioners who today approached the Uttarakhand HC, APCR and the other two were letter petitions to the Chief Justice of India (CJI) by academics Apoorvanand and PUCL. By 11.30 a.m. on Thursday June 13 news of 144 being imposed in Purola and the proposed controversial Mahapanchayat being disallowed became public.

Communal tensions have been brewing in Purola and some other towns of Uttarkashi district after two men, one of them Muslim, allegedly tried to abduct a Hindu girl on May 26. The girl was rescued and the accused sent to judicial custody. The Muslim community in the town of Purola have been facing targeted attacks for over 10 days now. On June 6, The Times of India carried prominent reports of Muslim homes being selectively marked with crosses on Purola town. Reports in Hindustan, Hindustan Times and Amar Ujala suggest that many of whom were forced to flee too. The Hindu Mahapanchayat was supposed to be held today, organised mainly the Vishwa Hindu Parishad (VHP) and the Bajrang Dal against what they termed incidents of “love jihad”.

The Association for the Protection of Civil Rights (APCR) moved the court after the Supreme Court had yesterday in the day refused to entertain its plea against the Mahapanchayat, but allowed the petitioner to approach the High Court or any other authority.

Advocate Shahrukh Alam, representing the petitioners, brought to the notice of the court that posters, issued in the name of ‘Devbhoomi Raksha Abhiyan’,were stuck on shops and residences of Muslims in Purola, Uttarkashi saying “love jihadists are informed that they should vacate before mahapanchayat”.

Additionally, she referred to the letter sent by fringe outfits to the District Magistrate of New TehriGarwhal, that contained a veiled, unconstitutional threat, “requests to restrict a community in view of rise of population…if members of specified community fail to vacate the area within 10 days, Bajrang Dal and VHP will stage a protest and block the highway…”

Referring to the said letter, Advocate Alam argued that by ignoring this and not acting firmly against the organisers, the district magistrate (DM) is in direct breach of the Supreme Court orders on hate speech, as well as in breach of law for not invoking the sections of UAPA and the IPC, which penalises acts against national integrity and causes disharmony. Furthermore, she highlighted that no FIR has been registered against the signatories of this letter.

Advocate Alam also emphasised that the Muslim Seva Sangathan, an organisation fighting for the rights of Muslims, has also given a call for a Mahapanchayat in Dehradun on June 18, which might lead to more polarisation in the area.

Lastly, the Chief Justice orally stated that there should not be like flare up on social media with allegations and counter allegations, or debates on television or social media. On this, the bench added in its order that the petitioners, its associates and all other concerned shall refrain from participating in social media debates to help in normalising the situation.

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The post Paramount duty of the State to ensure that law and order is maintained in all parts: Uttarakhand HC appeared first on SabrangIndia.

The 2022 directive of the Supreme Court was in relation to a previous set of events, when so-called Dharam Sansads (religious gatherings) were held where hate-filled calls against India’s minority Muslim community were made.

The fresh cause of action in the present urgent petition is a signed letter received by the District Magistrate of New Tehri Garhwal district of the state on June 5, 2023 in which I was stated in bald terms that a “particular community” ply their trade as vendors through the villages, and are a “threat” to the “legacy of our forefathers”, to “our women”, to “our livelihood” and “our land”. Therefore, we have given the “particular community” an ultimatum of 10 days, in which they have to abandon their homes and occupations, and leave the “Jaunpur Valley”. This is clearly an unconstitutional call that required strict intervention and action by the state’s police. However, to date, nothing had happened.

Only after news that three separate legal actions had, between the night of June 3 and 14 moved the Supreme Court of India to urgently intervene in this matter and stop the proposed Mahapanchayat on June 15 (tomorrow) that CNN News 18 telecast breaking news that prohibitory orders had been declared in the district.

The letter of the controversial organisation further warns that if this is not done (meaning a mass exodus is not forcibly orchestrated), then the organisation and its supporters will block the Yamuna bridge and Highway from 11 AM on June 20, 2023. The letter strangely asks the Magistrate to implement this illegal and unconstitutional demand in a time bound manner. The petition states that “it appears that the said event has been planned in the peak of the summer and middle of summer recess for the courts so that the affected parties and those who seek to uphold the Constitution cannot easily approach the Courts of law.”

Besides, state the petitioner, it is one thing to ignore the letter, but given the context of physical intimidation, mass polarization and actual threats delivered to the “particular community” in the area, the district authorities are in breach of the SC in not instituting a criminal case and immediately prosecuting the habitual offender. The said letter also seeks to impliedly extend  a threat to the administration, which shakes the confidence in the system of law.

“This letter constitutes extreme hateful speech in explicitly demanding the removal of an entire community from the region, i.e., ethnic cleansing. It presumes better rights over the Indian nation than Muslims thus advocating disharmony, and a threat to national integrity and sovereignty. The fact that this letter was addressed with impunity to the senior most administrative officer of the District is a comment on the sense of impunity enjoyed.

“Apart from constituting ‘hate speech’, this letter sent with impunity to the District Magistrate constitutes cognizable, non- bailable offenses under Section 15(1) as well as Section 15(1)(a)(iii), Section 16 read with Section 18 of the UAPA, in addition to Sections 153A, but more pertinently Section 153B (for the letter presumes superior rights of citizenship), Sections 503, 504, 505 and 506 of the IPC. The letter, which is in the public domain, made public presumably by the sender, is dated June 5, 2023. The 10 days of non-action by the state authorities has resulted in a “constitutional harm” in the following ways: The letter has been widely circulated in public spaces and on social media, leading to a sense of immense fear and insecurity. The police have reportedly registered one FIR against “unknown persons”.

This letter, signed by the office-bearers of various organisations was received by the District Magistrate of New Tehri Garhwal District. It states in bald terms that a “particular community” ply their trade as vendors through the villages, and are a “threat” to the “legacy of our forefathers”, to “our women” and “our land”. Therefore, we have given the “particular community” an ultimatum of 10 days, in which they have to abandon their homes and occupations, and leave the “Jaunpur Valley” . The letter further warns that if this is not done, then the organisation and its supporters will block the Yamuna bridge and Highway from 11 AM on 20, June 2023. The letter strangely asks the Magistrate to implement this illegal and unconstitutional demand in a time bound manner. Due to the declaration of the Mahapanchayat in Purola, Uttarakhand on June 15 for protection of “sisters, daughters and ancestral heritage” there is fear and many people are forced to leave their homes and migrate for their safety. Another Mahapanchayat to call for peace is proposed for 18.06.2023.

The petitioners also state that “the narrative has been replicated and multiplied appearing in hate speeches at public rallies, all over social media, and in public posters. The narrative paints the “particular community” as predators of land, women and culture and gives an ultimatum to them to vacate the region within 10 days, on pain of violence.

“There have been media reports of violence, but also interviews with shopkeepers who have decided to “voluntarily” keep their shops closed for fear of violence and looting. In several cases, landlords have evicted their tenants from residences as well as shops, at a moment’s notice, resulting in the “ultimatum” being fulfilled.

“This also makes explicit the difference between direct and  immediate violence, and “structural violence” which leads to acute discrimination, boycott and social, political and economic marginalization. Systemic hate speech has been directly known to result in such structural violence.

Thus it was incumbent upon State authorities to curb such speech/ mobilization. Non-action results in constitutional harm to the targeted group, since it violates their rights under Article 14, 19 and 21. Lack of decisive criminal action on the letter, and informal mediations that force inequitable compromises add to the constitutional harm.

Hence, state the petitioners, the lack of action on receipt of the letter, and on seeing its evident dissemination amidst the public; in not identifying it as criminal and unconstitutional, the district magistrate and the state authorities have been in breach of directions of the Supreme Court (SC) and also committed Constitutional harm.

Specifically a Mahapanchayat has also been announced for June 2023 15, in Purola, where earlier posters had been put up, and certain shops marked with a cross, indicating that their occupants had to leave before that date that is June 15. It is likely that further hateful and provocative speeches will be made targeting the “particular community”, since it is in continuation of the already criminal narrative in the public sphere.

Certain Muslim leaders have also called for a Mahapanchayat on  June 18, 2023. As reported in the national media, at a press conference the organisers stated, “through the mahapanchayat, we just want to make an appeal not to punish the innocent.

The petitioners have also detailed how, in numerous previous instances, the constitutional courts have elaborated upon the duty of district officials to pre- empt and prevent instances of organized hate speech which may result in violence. Pertinently, in April 2022, a ‘Dharam Sansad’ was announced in Haridwar, which endorsed a similar narrative about ‘outsiders’ and ‘jihadis’. This Hon’ble Court orally observed that “we will hold the Secretary (Home), Chief Secretary, and the IG concerned responsible if something untoward happens despite your assurance…” on April 26, 2022 [WP(C) 24/2022]. In addition to taking the steps detailed in WP(C) 940/2022 order dated October 21, 2022,   a similar responsibility to prevent organized hate speech and intent to carry out terrorist acts ought to be again placed on the authorities.

The petition first to the Supreme Court and now to the Uttarakhand High Court bases itself on certain legal grounds.

Firstly, as mentioned above there exists a continuing mandamus of the Supreme Court in order dated October 21, 2022 in WP(C) 940/2022, wherein the state of Uttarakhand was specifically directed to “ensure that immediately as and when any speech or any action takes place which attracts offences such as Sections 153A, 153B and 295A and 505 of the IPC etc., suo moto action will be taken to register cases even if no complaint is forthcoming and proceed against the offenders in accordance with law.”

Second, because a bare perusal of the letter dated June 5, 2023 leads to the inevitable conclusion that it constitutes extreme hateful speech in explicitly demanding the removal of an entire community from the region, i.e., ethnic cleansing. It presumes better rights over the Indian nation than Muslims thus advocating disharmony, and a threat to national integrity and sovereignty.

Thirdly, this same letter dated June 5, 2023 also further advocates “chakka jam” of the highway which will cut off essential supplies to the region and thereby threaten the security of the region. Through these statements the letter attracts not just Sections 153A, Section 153B (for the letter presumes superior rights of citizenship), Sections 503, 504, 505 & 506 of the IPC; but also Sections 15(1) as well as Section 15(1)(a) (iii), Section 16 read with Section 18 of the UAPA.

Fourthly, the public circulation of the letter (dated June 5, 2023) has resulted in “constitutional harm” in the following ways:-

• The police have reportedly registered one FIRagainst “unknown persons”.
• The narrative has been replicated and multiplied appearing in hate speeches at public rallies, all over social media, and in public The narrative paints the “particular community” as predators of land, women and culture and gives an ultimatum to them to vacate the region within 10 days, on pain of violence.
• There have been media reports of violence, but also interviews with shopkeepers who have decided to “voluntarily” keep their shops closed for fear of violence and In several cases, landlords have evicted their tenants from residences as well as shops, at a moment’s notice, resulting in the “ultimatum” being fulfilled.
• This also makes explicit the difference between direct and immediate violence, and “structural violence” which leads to acute discrimination, boycott and social, political and economic marginalization. Systemic hate speech has been directly known to result in such structural
• Also, the non action on part of the State/District authorities to curb such speech/mobilization will cause constitutional harm to the targeted group since it violates their rights under Article 14,19 and 21 of the Constitution.
• The failure to take action on receipt of the aforesaid letter and on seeing its evident dissemination amidst the public; in not identifying it as criminal and unconstitutional, the District Magistrate and the state authorities have been in breach of directions of the constitutional courts (especially the Supreme Court) and also committed Constitutional
• There exists an unconstitutional state of affairs and as a doctrine the concept originated in Colombia, and was later adopted in As the term suggests, an unconstitutional state of affairs is specifically meant for a situation where the violation of rights is not individualized, but structural.
• It is also apparent that the Mahapanchayat announced for Friday, June 15, 2023 in Purola is a build up to the “ultimatum” issued vide letter dated June 5, 2023, where earlier posters had been put up, and certain shops marked with a cross, indicating that their occupants had to leave before June 15 . It is likely that further hateful and provocative speeches will be made targeting the “particular community”, since it is in continuation of the already criminal narrative in the public sphere.
• Now, that certain Muslim leaders have also called for a Mahapanchayat on June 18, 2023. As reported in the national media, at a press conference the organizers stated, “through the mahapanchayat, we just want to make an appeal not to punish the ” These events are indicative of worsening communal atmosphere in the region which has been borne out of inaction by the State/District administration despite cognizable, non-bailable offenses having been committed targeting the unity, integrity and security of the region and nation.
• Allowing a rally that invokes communal frenzy may result in a breach of public order and peace. The authorities have a duty to maintain law and order, and permitting a rally that promotes communal hatred or violence may directly contravene this
• The state has a duty to protect its citizens from harm and ensure their safety. Allowing a rally that invokes communal frenzy disregards this duty and may lead to a failure on the part of the state to fulfill its obligation to protect the rights and well-being of its
• The Constitution of India guarantees various fundamental rights, including the right to equality, freedom of speech, and the right to practice and propagate one’s Allowing a rally that promotes communal hatred may infringe upon these fundamental rights and can undermine the principles of secularism and pluralism enshrined in the Constitution.
• Permitting a rally that promotes communal frenzy can severely damage communal harmony and social cohesion. It can deepen divisions among communities, increase polarization, and hamper the peaceful coexistence of diverse groups within
• Allowing a rally that incites communal frenzy may contribute to an atmosphere that facilitates hate crimes and communal violence. The authorities have a responsibility to take preventive measures to curb such activities to safeguard the rights and safety of
• There is obligation for addressing collective or mass behavior and situations that may have the potential to disrupt public
• The Petitioner also states that the rights under Articles 14, 17, 19 and 21 of the Constitution of India are being It is being projected that a territory of India belongs only to a person of a certain religion and others are all subordinates and “mlechhas”. The same violates the guarantee of equality and the right to reside and settle freely in India, as well as the equal treatment (without subordination) on the basis of religion, race, caste, region, or colour.

The petition strongly urges the High Court to:

• Issue a writ, order or direction, directing the Respondents to take long lasting steps and effective steps to prevent, control, and mitigate the potential outbreak of large-scale communal violence and cognate crimes, especially u/s 153A IPC and, ensuring the protection of life, liberty, and property of all citizens, particularly in District Tehri Garhwal, Uttarakhand;
• Issue a writ, order or direction, directing the Respondents to register an FIR and/or investigation against the signatories of letter dated June 5, 2023 under applicable provisions of the UAPA and IPC;
• Issue a writ, order or direction, directing the Respondents (State of Uttarakhand, that is the government, Director General of Police and administration to enhance security arrangements, including deployment of adequate police personnel, surveillance systems, and intelligence gathering, in sensitive areas to deter any planned communal violence and to provide a sense of safety and security to the affected groups, localities and persons; in Uttarakhand especially Tehri Garwal district
• Issue a writ, order or direction, directing the concerned authorities to identify and take appropriate legal measures, including preventive detention under the applicable provisions of law, against individuals or groups suspected of planning or inciting communal violence, thereby ensuring the maintenance of law and order and the protection of constitutional rights
• Issue a writ, order or direction, directing the Respondent authorities to monitor and take strict action against any individual, organization, or media outlet spreading hate speech or promoting communal disharmony, in accordance with the relevant laws, to prevent the escalation of tensions and
• Issue a writ, order or direction, directing the respondent authorities to ensure prompt and impartial investigation of any incidents related to communal violence, and to initiate appropriate legal proceedings against the perpetrators, ensuring that they are held accountable for their actions, for dharamsansad/mahapanchayat in Uttarakhand;

Judicial Precedents

The Hon’ble Supreme Court in Qurban Ali & Anr v. Union of India & Ors [WP(C) 24/2022], with reference to a similar event planned at Roorkee, Uttrakhand, directed the Secretary Home Department, Uttarakhand to place an affidavit on record stating their position that, “all preventive measures have been taken, as exposited in the decisions of this Court referred to above , and the concerned authorities are more than confident that no undue situation or unacceptable statements will be made during such events, and whatever is necessary in terms of the decisions of this Court, al such steps will be taken by the concerned authority.”

Other judgements relied upon are Shakti Vahini v. Union of India & Ors. [(2018) 7 SCC 192, Para 55], Tehseen S. Poonawalla v. Union of India & Ors. [ (2018) 9 SCC 501] and Kodungallur Film Society & Anr. v. Union of India & Ors. [(2018) 10 SCC 713]. Finally the October 21, 2022 Hon’ble Supreme Court in Shaheen Abdulla v. Union of India & Ors. [WP(C) 940/2022] specifically directed that state of Uttarakhand to “ensure that immediately as and when any speech or any action takes place which attracts offences such as Sections 153A, 153B and 295A and 505 of the IPC etc., suo moto action will be taken to register cases even if no complaint is no complaint is forthcoming and proceed against the offenders in accordance with law”

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The post Uttarakhand HC must stop the June 15 Mahapanchayat and assure protection to all citizens appeared first on SabrangIndia.

Advocate Sharukh Alam mentioned the petition seeking urgent listing as the ‘mahapanchayat'(conclave) is scheduled to be held tomorrow (June 15). She told the bench that an ultimatum has been given by certain groups to a particular community to leave the place before the ‘mahapanchayat’. She further pointed out that the Supreme Court had earlier issued a mandamus to the Uttarakhand Government to take steps to ensure that no hate speeches are made.

However, the bench asked the petitioner why they had not moved the High Court. “Law and order is for the administration to handle. You move the High Court. Why do you come here?” Justice Nath asked.

“Why do you express distrust in approaching HC? If there is a mandamus by this Court, High Court will pass orders. You should have some trust in the High Court.Why can’t you trust the administration?”, Justice Amanullah asked.

Shahrukh Alam explained that she has approached the Supreme Court in view of the earlier mandamus issued by it to th Uttarakhand Government in the hate speech matter. However, the bench said that the High Court can also pass appropriate orders if there is already a direction given by the Supreme Court.

Following that, the petitioner sought permission to withdraw the petition. The bench then proceeded to dismiss the petition as withdrawn, granting petitioner liberty to avail alternate remedies under the law.

Purola and several other towns in Uttarakhand have been plunged into a communal frenzy over the alleged kidnapping of a 14-year-old girl by two men – a Hindu and a Muslim– on May 26, which has been termed a case of ‘love jihad’ by local residents. While both accused were arrested promptly, the incident provoked deep communal tension in the town, which has eventually spread to neighbouring areas in the state. These provocations have seen police being inactive and not preventing hate speech or even brazen attempts to stigmatise and socio-economically boycott the entire Muslim community. Over the following days, as reported by the Times of India on June 6, certain outfits reportedly held protests in several areas and attacked the shops and houses of Muslims in Purola.

Not only this, “notices” in the name of one ‘Devbhumi Raksha Sangathan’ were pasted on the shutters of shops owned by Muslim traders from June 6 onwards, threatening them to vacate the premises before the Mahapanchayat on June 15 or face dire consequences.

Reports have also claimed that ‘Vishwa Hindu Parishad’ has also written a letter to the Tehri-Garhwal administration saying that if Muslims – euphemistically referred to as ‘the particular community’ – do not leave from certain belts of Uttarakhand, the group, along with Hindu Yuva Vahini and Tehri-Garhwal Traders’ Union will block the highway on June 20 in protest. Reports suggest that several Muslim families, fearing for their safety, have left the town following the hate campaign against them.

Related:

Stop Uttarakhand Mahapanchayat, could lead to targeted communal violence: Petitions urge CJI

The post SC orders petitioners to move HC on ‘Mahapanchayat’ immediately, also write to authorities: Uttarakhand Communal Tensions appeared first on SabrangIndia.

The petitions seeking prompt judicial intervention ahead of the Devbhoomi Raksha Abhiyan’s mahapanchayat comes hours after 52 former civil servants wrote to Uttarakhand’s chief secretary and police chief expressing serious concern about communal tensions in the state.

“If the mahapanchayat is allowed to happen, it could lead to a boil in communal tensions in the state. Muslim traders are reportedly being warned to leave Purola town before the mahapanchayat takes place … This could be a precursor to large-scale violence,” Vajpeyi and Apoorvanand say in the letter.

This appeal also mentions an ultimatum given to the state’s Muslim community by the Vishwa Hindu Parishad and the Devbhoomi Raksha Abhiyan to leave the state. They note that these incidents are part of a trend where minority religious groups are targeted and intimidated through hate speech.

Notably these calls for “boycott” and targeting of the Muslim minority in Uttarkashi are part of a sinister pattern; similar calls were audible and threatening in Karnataka under the erstwhile Bharatiya Janata Party (BJP) government) and also have been reported by Sabrangindia from Chhattisgarh, Maharashtra and Gujarat.

Pointing out that such events are utterly incompatible with the rule of law and parliamentary democracy, Vajpeyi and Apoorvanand write to the judges “hoping for prompt action in [their] capacity as head of the judiciary to take immediate action to prevent the mahapanchayat from taking place on June 15, 2023”. This letter petition has been sent both to the Chief Justice of India (CJI) DY Chandrachud and the Chief Justice of the Uttarkhand High Court.

Posters had surfaced in Purola threatening the town’s Muslim community to shut their businesses after two people, a Hindu and a Muslim, allegedly abducted a minor Hindu girl. Also, shops belonging to Muslims in the nearby town of Barkot were marked with black crosses. Times of India had on June 6, eight days ago, -in a detailed report pointed out how Muslim shops were being marked out in a sinister fashion precursing stigma and violence.

“A multi-layered discriminatory public campaign led by certain groups such as Bajrang Dal, VHP for the last few months and continuing till date have been systematically targeting the Muslim community,” says the PUCL’s letter petition (also attached here). “During the course of these campaign they has used terms like “Vyapar Jihad” (Business Jihad), “Love Jihad,” and “Land Jihad” to instigate fear and hatred among the majority community which has created an atmosphere of violence and insecurity against the Muslims living in the region, causing an exodus… Papers like Amar Ujala and the Hindustan have all reported a letter has been sent by the Vishwa Hindu Parishad to the Tehri District Magistrate giving an ultimatum to members of the Muslims Community to leave the Jaunpur valley and in particular the towns of Nainbagh, Jakhar, Nagtibba, Thatyur, Saklana, Damta, Purola, Barkot and Uttarkashi. The threat specifies that if Muslims don’t respond to their ultimatum of leaving the areas themselves, these organizations will organise a chakka jam in Tehri on 20.06.2023.”

“The campaign was based on an incident of alleged abduction of a Hindu minor girl in Purola by two accused (belonging to both Hindu and Muslim communities) and has been escalated as proof of ‘love jihad’. It should be noted that no governmental organisation or data has ever substantiated the existence of ‘love jihad’, or forcible conversions in the guise of fraudulent romantic relationships, but that the concept has been used to buttress hate-speech against Muslims across the country in recent times. The current situation in Uttarakhand is playing out similarly.”

In this sort of situation, says the PUCL letter petition, “the state’s failure to take adequate action is notable given that this was brought to their attention in an open letter dated May 30, written by the Lawyers of the Supreme Court of India to the Governor of Uttarakhand. The letter also noted specifically the actions of the previously mentioned entities in relation to hate-speech and past communal violence.” The PUCL letter petition has been sent by President, PUCL, Kavita Srivastava and General Secretary, V Suresh.

The two letter petitions by (1) Vajpeyi and Apoorvanand and (2) PUCL may be read here:

June 13, 2023

To,
The Hon’ble Chief Justice of India,
Supreme Court of India,
Tilak Marg, New Delhi – 110001
supremecourt@nic.in
011-23386178 (Secretary G

The Hon’ble Chief Justice of Uttarakhand High Court
Nainital, Uttarakhand
highcourt-ua@nic.in
FAX: 05942-237721, 05942-231692

URGENT APPEAL FOR PREVENTION OF COMMUNAL VIOLENCE IN UTTARAKHAND

SUB: Proposed ‘Mahapanchayat on 15 June 2023 against Muslims in Uttarakhand in the name of protection of “DaveBhumi”.

Respected Sir,

1. This is to bring to your kind notice that a ‘mahapanchayat’ is scheduled to be held on June 15, amid continued communal tension, in Purola. Uttarkashi district of Uttarakhand. If the Mahapanchayat is allowed to happen, it could lead to a boil in communal tensions in the State. Muslim traders are reportedly being warned to leave Purola town before the Mahapanchayat takes place. Posters threatening Muslim traders to shut shops and leave the state by 15 June have recently surfaced. Due to the tension and threats. Muslim residents have already shut their shops and some families have migrated from the district. In fact, there is a Facebook post that states that the State Administration would not ask the traders to keep the shops open. This could be a precursor to a large scale violence.
2. There are confirmed reports that there is internal displacement as Muslims as fleeing their houses. The constitution guarantees the right to reside anywhere in Article 19 of the Constitution.
3. On May 29, a major rally was taken out in Purola by right-wing bodies demanding that Muslims leave the town. In videos of the rally that subsequently went viral, mobs can be seen attacking Muslim-owned shops, despite the presence of the police. Posters warning Muslim traders of ‘dire consequences’ were pasted on shopfronts. The posters were undersigned by a group called the ‘Devbhoomi Raksha Abhiyan’. A protest was again held on June 3, under the banner of Yamuna Ghati Hindu Jagriti Sangathan. in which hundreds of people took part. This harassment is not just limited to Purola Town. In the nearby Barkot, shutters of shops owned by Muslims have been reportedly marked with a black cross.
4. Ultimatums have also been issued Besides the 15 June Mahapanchayat threat indicated oil the posters pasted on Muslim-run shops. The Vishwa Hindu Parishad (VHP) has written a letter to the Tehri Garhwal District Administration giving an ultimatum to Muslims who are euphemistically referred to as the “particular community” in the letter, stating that 10 days’ worth of time has been given to them to leave from many mentioned belts of Uttarakhand. The VHP, in its letter, wrote that if this doesn’t happen, then they along with the Hindu Yuva Vahini and Traders’ Union of Tehri Garhwal will block the highway on 20 June in protest.
5. These aforementioned events are in the context of widespread or systematic hate speeches directed against minority religious groups in the recent past, which have created an atmosphere of fear and intimidation. On the 17th & 19th of December 2021, at two separate events organised in Delhi (by the Hindu Yuva Vahini) and Haridwar (by Yati Narsinghanand), hate speeches calling for the genocide of Muslims in order to achieve ethnic cleansing, were openly made in flagrant violation of the law. It was the intervention of the Hon’ble Supreme Court which forced the state administration to act against the organizers of the aforesaid event. The threat of holding a Mahapanchayat on 15 June is part of a series of such similar events that have taken place in the past.
6. Indeed, the events in Uttarkashi are illustrative of the State Government’s failure to follow the guidelines in Tehseen Poonawala v. Union of India, (2018) 9 SCC 501. These guidelines, inter alia, provided for “preventive measures” to be undertaken by the State Governments to prevent precisely the events currently unfolding in Uttarkashi. Uttarakhand. The guidelines state:

40.1. The state governments shall designate a senior police officer inti below the rank of superintendent of police, as nodal officer in each district. Such nodal officer shall be assisted by one of the DSP rank officers in the district for taking measures to prevent incidents of mob violence and lynching. They shall constitute a special task force so as to procure intelligence reports about the people who are likely to commit such crimes or who are involved in spreading hate speeches, provocative statements and fake news.

40.10. It shall be the duty of the central government as well as the state governments to take steps to curb and stop dissemination of irresponsible and explosive messages, videos and other material on various social media platforms which have a tendency to incite mob violence and lynching of any kind.

7. Thus, urgent judicial intervention is required to protect the life, limb, and property of those under attack and against whom the Mahapanehayat has been scheduled to be held on the 15th of June.
8. Under these circumstances, I am writing to your Lordship hoping for prompt action in your capacity as the head of the judiciary to take immediate action to prevent the Mahapanchayat from taking place on 15 June 2023. It is also respectfully urged that directions may be issued to the state government of Uttarakhand to take the necessary steps to protect the lives of those under threat. Further, those who have been forced to leave their shops and homes should be provided compensation and rehabilitated with the adequate protection. It is respectfully submitted that such events are anathema to the rule of law and cannot be countenanced in a parliamentary democracy. They threaten the very secular fabric which binds the country together.

Yours truly,

Ashok Vajpeyi

Apoorvanand

LETTER PETITION

TO CHIEF JUSTICE, SUPREME COURT OF INDIA

13 June, 2023

To
Dr. D.Y. Chandrachud,

The Hon’ble Chief Justice,

Supreme Court of India.

1. We are writing this letter as People’s Union for Civil Liberties (PUCL) to bring to your attention the alarming rise of hate speech, vigilantism, and targeted communal violence against the minority Muslim community in Uttarakhand in the last few days.
2. We are a civil liberties and human rights organisation formed in 1976 by Sh. Jayaprakash Narayan, Acharya Kriplani, Krishna Kant and others. Justice V.M. Tarkunde, Justice Rajindar Sachar, Rajni Kothari, K.G. Kannabiran and other  legal luminaries. PUCL has been at the forefront of the defence of the freedom of speech and expression in its work ever since its inception. However, as per human rights standards both internationally as well as in the Indian Constitution, the freedom of speech and expression does not extend to the ‘advocacy of religious hatred that constitutes incitement to discrimination, hostility or violence’  as per Article 19 of the International Covenant  on Civil and Political Rights. Article 19 (2) envisages a restriction of the freedom of speech and expression on the ground of ‘incitement of an offence’. It is precisely this dangerous transgression of the limits of free speech which threatens the life, liberty and property of an entire constitutionally protected grouping, in Uttarakhand that we wish to bring to your kind attention.
3. We submit this petition to draw your immediate attention to the alarming rise of hate speech, vigilantism, and targeted communal violence against the minority Muslim community in Uttarakhand and to request you to kindly direct the state government of Uttarakhand and the concerned authorities to take immediate measures to redress  violent hate campaign, incitement to violence, increased insecurity in the minority community which is resulting in many being coerced into leaving their homes.
4. A multi-layered discriminatory public campaign led by certain groups such as Bajrang Dal, VHP for the last few months and continuing till date have been systematically targeting the Muslim community. During the course of these campaign they has used terms like “Vyapar Jihad” (Business Jihad), “Love Jihad,” and “Land Jihad” to instigate fear and hatred among the majority  community which has created an atmosphere of violence and insecurity against the Muslims living in the region, causing an exodus
5. The situation threatens to escalate by June 15, 2023 in Purola in the district Uttarkashi, where a ‘Mahapanchayat’ (a mega assembly) is being planned by several groups who have come under the leadership of Swami Darshan Bharti of Debhoomi Raksha Abhiyan. The Hindustan Times has reported that posters have been put up in Purola threatening  owners of Muslim owned shops to vacate before the Mahapanchayat. The link to the report can be found here – https://www.hindustantimes.com/india-news/posters-asking-muslim-traders-to-leave-surface-in-uttarakhand-101685991761377.html
6. Papers like Amar Ujala  and Hindustan have reported that a letter has been sent by the Vishwa Hindu Parishad to the Tehri District Magistrate giving an ultimatum to members of the Muslims Community to leave the Jaunpur valley and in particular the towns of Nainbagh, Jakhar, Nagtibba, Thatyur, Saklana, Damta, Purola, Barkot and Uttarkashi. The threat specifies that if Muslims don’t respond to their ultimatum of leaving the areas themselves, these organizations will organise a chakka jam in Tehri on 20.06.2023. The report of Hindustan, a Hindi newspaper detailing the contents of this letter can be found here – reporhttps://www.livehindustan.com/uttarakhand/story-communal-tension-tehri-district-after-uttarkashi-particular-community-people-warned-leave-city-within-10-days-8282992.html
7. The continuous barrage of hate filled campaigning has already led to the exodus of numerous Muslim families. It will also provoke an already volatile situation into systemic communal violence on a large scale, unless the state takes immediate and urgent proactive measures to stop both the hate campaigns as also to prevent violent attacks to take place.
8. The campaign was based on an incident of alleged abduction of a Hindu minor girl in Purola by two accused (belonging to both Hindu and Muslim communities) and has been escalated as proof of ‘love jihad’. It should be noted that no governmental organisation or data has ever substantiated the existence of ‘love jihad’, or forcible conversions in the guise of fraudulent romantic relationships, but that the concept has been used to buttress hate-speech against Muslims across the country in recent times. The current situation in Uttarakhand is playing out similarly.
9. The Devbhoomi Raksha Abhiyan is an organisation operating in the area, which issued posters demanding that Muslims in the area flee their residences on threat of violence. They were joined by local community leaders like Swami Darshan Bharti and Rakesh Uttarakhandi, who also called for the forced eviction of Muslims while making hate-speech against the community. Evidence of these speeches are available in videos currently seeing wide circulation, and are contributing to the deterioration of communal harmony in the area.
10. Local press has also reported that homes and shops belonging to Muslims have been marked with an ‘X’, and long standing residents including a BJP Minority Cell Leader (Mohammed Zaid), have been forced to flee their homes due to the threat of violence.
11. The threats were consolidated and escalated on May 29, when a rally organised by groups of the majority Hindu communities of the ruling BJP parties with the support of trade unions, turned violent, with mob violence against home and shops in the area. Reports suggest senior leaders of the ruling party have been involved with these rallies, with the District General Secretary of ruling party, Prakash Kumar Dabral, saying, “We will not let them do business here, will not let them open shops. Then they will leave on their own.”
12. These demands go against the spirit of the Preamble which rests on the spirit of the fraternity. These consistent hate speeches attack the dignity of the individuals, threatens not only their livelihood but also their life based on their religious identity i.e. Muslims. It reduces the Muslim citizens to second class citizenship and creates both institutional and popular sentiment to view them as lesser than. As ground situation shows, it does not stop with seeing Muslims as lesser than but goes on to instigate targeted violence against them, their property and a series of their fundamental rights. The violent targeting of a religious group with the intent of removing them from a geography, holds alarming similarities to genocidal tactics.This is not an exaggeration, as the primary leaders of this campaign have also previously been involved in explicit calls for the mass-murder of Muslims, at speeches given at the Haridwar Dharma Sansad of 2022. The common leader between the Dharam Sansad of 2022 and the hate campaigns now is Swami Prabodhanand Giri Mahamandaleshwar who is a repeat offender. This court has critically intervened when it came to the hate speeches made in Dharam Sansad and directed the state to register FIRs against the accused. A brief profile of the antecedents of Swami Prabodhanand Giri Mahamandaleshwar can be found here  https://www.thequint.com/news/india/haridwar-dharam-sansad-yati-narsinghanand-jitendra-tyagi-bjp#read-more
13. This also follows from the incitement to genocide on April 20 2023, at a Dharma Sabha in Uttarakhand organised by the fundamentalist group, the Rudra Sena, where calls for an economic boycott of minorities & and a ban on the settlement of “non-Sanatanis” in the state were made.
14. They declared that “peace cannot prevail in the world unless every ‘jihadi’ is eliminated.” The leader of the Rudra Sena, one Rakesh Tomar Uttarakhandi, has previously made speeches calling for the Van Gujjar community (a primarily Muslim tribal group) to evict the area on threat of violence.
15. Swami Darshan Bharti, mentioned above in paragraph 4 is leading the call for mass evictions. He was among those making hate speeches at the Dharma Sansad. His group, Uttarakhand Raksha Abhiyan, has previously circulated 1.5 lakh pamphlets inciting Hindus to stand up against alleged changes in the demography of Uttarakhand because of Muslims in 2019. He has been previously jailed after his hate-speech inspired physical attacks on Muslims.
16. Following are a few links corroborating the above facts:

1. Post 1 by Swami Prabodhanand Giri Mahamandaleshwar https://m.facebook.com/story.php?story_fbid=1176625616336285&id=100002420099047&mibextid=CDWPTG
2. Post 2 by Swami Prabodhanand Giri Mahamandaleshwar https://m.facebook.com/story.php?story_fbid=2491178251042485&id=100002420099047&mibextid=Nif5oz
3. Post 3 by Swami Prabodhanand Giri Mahamandaleshwar https://m.facebook.com/story.php?story_fbid=pfbid02CaosTehfX9bNd2dfDZHc5ajiCrC7AprGugCVDEJGi8iRz1BFnCgiwsLvgy6emEVLl&id=100002420099047&mibextid=CDWPTG
4. Post 4 by Swami Prabodhanand Giri Mahamandaleshwar https://m.facebook.com/story.php?story_fbid=pfbid02CaosTehfX9bNd2dfDZHc5ajiCrC7AprGugCVDEJGi8iRz1BFnCgiwsLvgy6emEVLl&id=100002420099047&mibextid=CDWPTG
5. Post 5 by Swami Prabodhanand Giri Mahamandaleshwar https://m.facebook.com/story.php?story_fbid=pfbid02mvGJdgXfNpWPQ3H3Qha76miGtrWvpF71FkXLRXXG56Lse3BmBooJjkcJz1vUT5V7l&id=100002420099047&mibextid=CDWPTG

17. All of these speeches, posts, fall squarely within the understanding of hate speech that this very court has provided in Pravasi Bhalai Sangathan v Union of India. As the Supreme Court observed:

“7. Hate speech is an effort to marginalise individuals based on their membership in a group. Using expression that exposes the group to hatred, hate speech seeks to delegitimise group members in the eyes of the majority, reducing their social standing and acceptance within society. Hate speech, therefore, rises beyond causing distress to individual group members. It can have a societal impact. Hate speech lays the groundwork for later, broad attacks on vulnerable that can range from discrimination, to ostracism, segregation, deportation, violence and, in the most extreme cases, to genocide.” A copy of this judgement is annexed as Annexure – A.

The situation in Uttarakhand of fear amongst the Muslims, the exodus and threat of violence are the visible harms of hate speech in action as noted by this Supreme Court. More so, the reality presents alarming similarities to the ground work before a genocide.

18. In such a situation the state’s failure to take adequate action is notable given that this was brought to their attention in an open letter dated May 30, written by the Lawyers of the Supreme Court of India to the Governor of Uttarakhand. The letter also noted specifically the actions of the previously mentioned entities in relation to hate-speech and past communal violence.

19. This is despite this honourable Supreme Court in W.P. No.940 of 2022 directing the state of Uttarakhand vide its order dated 21.10.22 “to ensure that immediately as and when any speech or any action takes place which attracts offences such as section 153A, 153B and 295A and 505 of the IPC etc., suo motto action will be taken to register cases even if no complaint is forthcoming and proceed against the offenders in accordance with law.” A copy of this order is annexed as Annexure – B.

20. It is important to note that the Hon’ble Supreme Court has been deeply concerned at the rise of hate speech and mob violence in the country and in Uttarakhand in particular. On 17.07.2018, in its judgement in Tehseen Poonawalla vs. Union of India and Ors., the Court directed all State governments to proactively act against hate speech and mob violence. A copy of this judgement is annexed as Annexure – C.

21. Further, as per the Court’s 21.10.2022 order in Shaheen Abdullah vs. Union of India (WP(C) 940/2022), the states of Uttarakhand, Himachal Pradesh and Delhi were specifically directed to “ensure that immediately as and when any speech or any action takes place which attracts offences such as Sections 153A, 153B and 295A and 505 of the IPC etc., suo moto action will be taken to register cases even if no complaint is forthcoming and proceed against the offenders in accordance with law,”. Despite this till date no FIR’s have been registered by the police.

Given the grave threat to the lives and property of minorities and the dereliction of constitutional duty of the State, in Uttarakhand we urge the Hon’ble Supreme Court:

1. Urgently intervene by directing the Chief Secretary, Government of Uttarakhand and the Director General of Police to personally ensure that the Mahapanchayat scheduled to take place at Purola on 15.06.2023 and the rally and chakka jam programme on Tehri on 20.06.2023 are denied permissions based on the harm caused by the continuing hate campaigns to the constitutional fabric of the State.
2. The Chief Secretary and DGP, Uttarakhand should be held accountable for the dereliction of their constitutional duty to protect all citizens and ensure law and order in the State.
3. To direct the concerned authorities to immediately register FIR’s under the relevant provisions of the Indian Penal Code, 1860 against Swami Prabodhanand Giri Mahamandaleshwar, Swami Darshan Bharti, Rakesh Uttarakhandi and Prakash Kumar Dabral, amongst others who threatening the right to life, livelihood and residence of Muslim population in the State of Uttarakhand.
4. To ensure initiation of a thorough investigation regarding the role of organisations such as Rudra Sena, Devbhoomi Raksha Abhiyan, Vishwa Hindu Parishad, Bajrang Dal among others, into the incidents of hate speech, vigilantism, and violence targeting the minority community in Uttarakhand taking place in an unabated manner with the full and tacit support of the state administration and police.
5. Ensure the implementation of Supreme Court orders regarding hate speech and mob violence, including the appointment of nodal officers to eradicate hostile environments against targeted communities as spelt out by this court in Tehseen Poonawala case and Shaheen Abdulla cases.
6. Provision of adequate protection to the minority community and individuals, both in their residence as also in their shops and business areas, who are at risk due to the ongoing campaign of hatred.
7. Issuance of clear directives to the state government and law enforcement agencies to maintain law and order, protect minority rights, and prevent any further incidents of violence.

We firmly believe that the judiciary, as the guardian of justice and protector of citizens’ rights, has the power and responsibility to uphold the constitutional values of equality, secularism, and social harmony. By addressing this petition, your Lordship would not only ensure justice for the affected communities but also uphold the principles of our democratic society.

We earnestly request your urgent attention to this matter.

Sincerely,

Kavita Srivastava, President

1. Suresh, General Secretary

Related:

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Muslim Mahapanchayat in Uttarakhand to raise concerns over targeting of community

Uttarkashi: Cross marks, “leave” threats on Muslim shops, hatred spreads to other towns: Uttarakhand

Oath for economic boycott of minorities administered in Chhattisgarh

Marginalising the already marginalised: Economic Boycott Targeting Muslims

Are increasing calls for economic boycott of Muslims a sinister precursor to something worse?

Hate Watch: Indians reject #BoycottMuslims call

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