Addressing the Hindu Mahapanchayat, convened on the call given by Devbhoomi Vichar Manch and supported by Vishwa Hindu Parishad (VHP), Bajrang dal and other affiliated organisations of Rashtriya Swayamsevak Sangh (RSS), T Raja, BJP legislator from Hyderabad known for his hate speeches in the past, said he had come to Uttarakhand to “awaken Hindus in the state”. He called upon them to get united.

Addressing the gathering, Raja advised the Uttarakhand Chief Minister Pushkar Singh Dhami to hold a dialogue with neighbouring Uttar Pradesh Chief Minister Yogi Adityanath over a cup and tea and get a cue on “how to tackle the issue of illegal mosques and mazaars”. Darshan Bharati, another hate monger from Uttarakhand, was also present during the mahapanchayat, as per media reports.

Suresh Chauhan, a ruling BJP legislator from Gangtori, said efforts should be made to declare Uttarkashi as a Hindu religious town since many revered Hindu shrine and temples were located in the district. He also called for complete ban on selling of meat, eggs and non-vegetarian food in the district.

On the issue of the Uttarakashi mosque, Chauhan said a re-inquiry, as ordered by the Uttarakhand Chief Minister, would be held and if any illegality was found, the mosque would be demolished. He also made a strong pitch against “outsiders” coming into Uttarkashi and getting involved in small businesses. Without naming Muslims, he warned locals against renting out their houses to “outsiders”.

Earlier, Congress party was attacked by the speakers, who drew parallels with ‘jehadis’ and terming the party as the “bane” of the entire Hindu community, responsible for the Partition of the country and resultant killing of Hindus and Sikhs.

Heavy security arrangements were made for the Hindu Mahapanchayat, which was called to demand demolition of the Uttarkashi mosque, which Hindutva forces claimed, was built illegally. Extra forces from neighbouring districts were also deployed in the town.

Interestingly, the Uttarakhand government gave permission for the Hindu Mahapanchayat despite giving an undertaking in the Nainital High Court last Wednesday that no permission had been granted.

Uttarkashi district administration gave permission with several conditions, which included not making any hate speech, not taking out any rally, not obstructing traffic, not inciting religious sentiments and maintaining peace.

A division bench of Acting Chief Justice Manoj Kumar Tiwari and Justice Rakesh Thapliyal of Nainital High Court issued directives to the Uttarakhand government and state Director General of Police to maintain peace and security related to the ongoing agitation by Hindu outfits demanding the demolition of the 55-year-old mosque. The division bench had the heard a petition related to the case on November 22, 2024.

The police holding a march in Uttarkashi town a day before holding of Hindu Mahapanchayat.

Meanwhile, the ‘Alpsankhayak Seva Samiti’ had filed a writ petition in the High Court seeking its intervention in the issue alleging threats by the Sanyukt Sanatan Dharam Raksha Sangh, a Hindu outfit, against the Uttarkashi mosque and hate speeches directed against the minority Muslim community.  The petition had also sought the court’s intervention in preventing the Mahapanchayat called by the Hindu Right-wing groups in Uttarakashi on December 1, 2024.

Admitting the petition, the court directed the Uttarkashi District Magistrate and Superintendent of Police (SP) to ensure tight security around the Uttarkashi mosque. The court also directed the registry to list the petition as a fresh case on November 27, 2024.

In a hearing before the division bench of the High Court last Friday, senior counsels Kartikey Hari Gupta, Imran Ali Khan, Pallavi Bahuguna, Rafat Munir Ali, and Irum Zeba, representing the petitioners, raised serious concerns regarding hate speeches directed at Muslims.

The state government, through its counsel, informed the court that permission for holding any such Mahapanachayat would not be issued.

The senior counsels for the petitioners also pleaded that the  mosque on Bhatwari Road in Uttarkashi was constructed in 1969 on privately purchased land. It was further stated that “in 1986, the Assistant Waqf Commissioner of Uttar Pradesh conducted an inquiry and confirmed that a mosque existed on Khasra No. 2223, built by members of the Muslim community using charitable funds and used since then by the Muslims and in 1987 was officially registered as Wakf property.”

The petitioners alleged that members of the Sanyukt Sanatan Dharam Raksha Sangh and their associates had engaged in “extreme hate speech” against Muslims and the mosque which, they argued, were in complete violation of the directions issued by the Supreme Court in the case of Ashwini Kumar Upadhyay vs. Union of India Others.

The petitioners asserted that in September 2024, Hindu outfit leaders —Jitendra Singh Chauhan, Swami Darshan Bharti, Sonu Singh Negi, Lakhpat Singh Bhandari, and Anuj Walia—who identify themselves as members of the Sanyukt Sanatan Dharam Raksha Sangh and Vishwa Hindu Parishad, began threatening to demolish the mosque. They alleged that these leaders had also spread false information about the mosque’s legality. The next date of hearing t is fixed for December 5, 2024.

Uttarkashi town saw violence on October 24, 2024, when Hindutva groups tried to take out a procession toward the mosque and had violent confrontation with the police force which tried to prevent them by erecting barricades. Several protestors and policemen were injured in the lathi-charge and police arrested eight Hindutva leaders and registered cases against 200 unidentified persons for violence.

Interestingly, Hindutva groups reportedly continued to spread their communal agenda despite the fact that the Uttarkashi district administration, after a through inquiry, found the mosque to be legal. But following the October 24 incident and pressure from Hindutva groups in the run-up to the Kedarnath bye-elections on November 20, Chief Minister Dhami went to Uttarkashi on November 6, in a bid to assuage the ‘hurt’ feelings of his fellow political travellers, and announced that the papers of the land on which the Uttarkashi mosque was built would be re-examined by the administration.

Uttarkashi Mosque

The Chief Minister, during his visit, reiterated that ‘land jehad’, ‘love jehad’ and ‘thook(spit) jehad’ would not be tolerated in ‘Devbhoomi’ Uttarakhand  and his government had “freed” 5,000 acres of encroached land. He further said that the administration would re-examine the land papers of the Uttarkashi mosque to see if there was any illegality.

A delegation of Hindu organisations, led by district BJP chief Satinder Rana, also met the Chief Minister and complained against police lathi charge on October 24. In a bid to “placate” them, the state administration acted swiftly, and finding no scapegoat, transferred a Muslim officer, Raza Abbas, Sub-Divisional Magistrate (SDM), to  the state headquarters in Dehradun, while Deputy Superintendent of Police (DSP) Prashant Kumar, Uttarkashi was also attached with the police headquarters in Dehradun with immediate effect.

On November 28, 2024, before the proposed Hindu Mahapanchayat, Uttarkashi Superintendent of Police Amit Srivastava, who acted tough against any law breaker and was on the target of Hindutva groups, was also transferred and replaced by Sarita Dobhal.

The writer is a freelances based in Dehradun, Uttarakhand.

Courtesy: Newsclick

The post Uttarakhand: Despite BJP Govt Assurance to Contrary in HC, Hindu Mahapanchayat Held in Uttarkashi appeared first on SabrangIndia.

On November 22, a division bench of Acting Chief Justice Manoj Kumar Tiwari and Justice Rakesh Thapliyal heard a petition (WPCRL/1275/2024) filed by the Alpsankhayak Seva Samiti (ASS), a minority organization. The court directed the District Magistrate (DM) and Superintendent of Police (SP) in Uttarkashi to provide stringent security for the mosque, which has been targeted by right-wing groups alleging its illegal construction. These groups have called for a Mahapanchayat (community gathering) on December 1 to demand the mosque’s demolition.

In its oral observations, the High Court emphasized that India is a country governed by the rule of law, not a theocracy. “No one should indulge in hate speech or threats of destruction,” the bench remarked, as Times of India reported.

Background

The row over the mosque dates back to September 2024 when members of the Sanyukt Sanatan Dharam Raksha Sangh, along with other right-wing groups, organized a rally in Uttarkashi demanding the mosque’s removal. They alleged that the mosque was illegally constructed on government land. The protests led to violent clashes between demonstrators and police, with at least four officers injured during a November 3 rally. Police had to resort to lathi charges and flag marches to restore order.

In their petition, the ASS, through its president Mushraf Ali and Istiak Ahmed, highlighted the mosque’s historical and legal status. The petitioners claim that the mosque was built in 1969 on land purchased by Istiak Ahmed’s father, Yasim Beg, and was later registered as a Waqf property in 1987 following a notification by the Uttar Pradesh Waqf Commissioner. The mosque, located near Varunavat Mountain, has been a place of worship for the Sunni Muslim community for over five decades, as Times of India reported.

However, the protests have centered on the assertion by right-wing leaders that the mosque’s construction was illegal and it should be demolished. Leaders of the Sanyukt Sanatan Dharam Raksha Sangh have spread claims that the mosque was unlawfully built on government land. These allegations have fueled the demand for its demolition, despite the mosque’s legal recognition as a Waqf property.

The ASS petition, filed in response to these demands, has raised concerns over the safety of the mosque and its worshippers. The petitioners argue that the local authorities have failed to protect the mosque from threats and acts of violence, forcing them to seek judicial intervention.

The High Court’s intervention came after a series of violent incidents linked to the protests. On October 24, a rally organized by the right-wing groups turned violent, leading to stone-pelting and police baton charges. At least 27 people, including nine police officers, were injured during the confrontation. The police subsequently filed an FIR against 200 unidentified individuals and arrested key organizers, who were later granted bail.

Direction to maintain law and order in, and around the mosque

In addition to calling for heightened security, the High Court urged the state to take explicit direction from the Director General of Police (DGP) to maintain law and order. The court has scheduled a fresh hearing for November 27, at which further actions to address the growing tensions will be discussed.

The bench directed that “In the meantime, respondent nos. 2 & 3 are directed to maintain law and order in, and around, the place of worship mentioned in the Writ Petition, and to ensure that no untoward incident happens by any person till the next date of listing.”

The petitioners have also emphasized the violation of the Supreme Court’s guidelines on hate speech. As reported by The Indian Express, advocate Imran Ali Khan, representing the petitioners, argued that the hate speech against Muslims and the mosque by the protestors was a direct violation of the Supreme Court’s directive in the case of Ashwini Kumar Upadhyay v. Union of India. The Supreme Court had ruled that authorities must take suo motu action against hate speech, even in the absence of formal complaints, and register cases under Sections 196 and 197 of the Indian Penal Code.

The rising tensions have also attracted national attention, as the issue strikes at the heart of ongoing debates over religious tolerance, freedom of worship, and the rule of law in India. The Uttarakhand High Court’s ruling is seen as a critical stand in upholding these values and ensuring that religious communities are protected from violence and intimidation.

As the court proceedings continue, all eyes will be on the government’s response and its ability to maintain peace in the region. With the Vishwa Hindu Parishad (VHP) also planning to participate in the Mahapanchayat on December 1, the coming weeks will be crucial in determining whether the state can quell the rising unrest and ensure the safety of the mosque and its community members. However, the challenge now lies in the hands of the state authorities to act decisively and prevent further escalation.

The Uttarakhand High Court order dated November 22, 2024 can be accessed here

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