Uttarkashi | SabrangIndia News Related to Human Rights Wed, 29 Nov 2023 12:51:32 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Uttarkashi | SabrangIndia 32 32 Uttarakhand: Saluts to the rat-hole miners, a wake up call to stop exploiting the Himalayas https://sabrangindia.in/uttarakhand-saluts-to-the-rat-hole-miners-a-wake-up-call-to-stop-exploiting-the-himalayas/ Wed, 29 Nov 2023 06:32:54 +0000 https://sabrangindia.in/?p=31449 Our heros are rat hole miners. Three big cheers and salaams to rat hole miners Feroz and Munna Quraishi, Rashid ,Irshad ,Naseem ,Monu ,Naseer Ankur ,Jatin, Saurabh, Waqeel Hasan and Devender & Gabbar Singh Negi; the 51-yr old foreman who showed real leadership qualities, kept morales high; and was the last to step out

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The safe return of the 41 workers trapped in the Silkyara tunnel near Uttarkashi in Uttarakhand, is a matter of great satisfaction for all of India. Kudos to all those involved in the rescue operation for the last 17 days. The tale must have been horrifying but the way we saw the smiling workers coming out, reflected their energy level despite all odds.

Yes, in one sentence, these are the sons of the soil, who toil hard to make our lives better.

There are three issues involved here. One, which has been projected by the government and that is the rescue effort to save the lives of the people and we must give full credit to those who were involved in it. All the agencies of the government performed this herculean task with a great sense of duty. The result is the government has been able to send a signal to the families of the workers trapped that it cares for their lives and would go to any extent to protect their lives. Perhaps, the government has succeeded in communicating this message. Every government or party does that and the government would take all the credit for the successful operation. So Congratulations to all those who were involved in it.

The second issue is the company engaged in the operation which remained out of sight and out of scrutiny till now. Who gave them the contract and whose company is this? Has it flouted the norms of tunneling in the region where a safe passage ought to have been anticipated in advance? Will accountability be fixed on this company?

And the third is the most important part and it is policy level decisions. How long will you rob the #Himalayas? Will the government and its advisers ever think of maintaining the sanctity of the Himalayas and admit that they cannot really “claim victory over nature”.

Please do not try to tame the Himalayas. If you feel your big machines and experts can tame the Himalayas then you are grossly mistaken.

At the end of the day, it was the rat miners who took us to ultimate ‘victory’. It seems that the government has still not learnt its lessons from various disasters that have been recurring in the Himalayas. This year, Uttarakhand saw terrific rains, landslides, cloudbursts and floods but in the din of an unprecedented crisis that happened due to Himachal rains, it was lost. The fact is that even in Himachal, the massive devastation that has happened was not purely ‘natural’ but purely the outcome of the concretisation process and building of various hydropower projects which we are unable to manage properly.

‘Experts’ with greed feel that states like Uttarakhand are not able to use their maximum potential of the Hydro Power projects and are advising the government to go for bigger projects. The Char Dham High Way has not yet been completed and most of the time the roads are getting ‘thrashed’ by the mountains. We all need good roads but we have to understand the fragility of the Himalayan regions. Anyone familiar with the Uttarkashi region will vouch how sensitive it is. Nobody denies making our roads comfortable but it also needs to be seen how much comfort we want to give to ‘people’. Do not make the region flooded by religious tourists which will ultimately bring destruction.

A small place like Kedarnath, where five thousand people are accommodated at any given time is too high a number; but Kedarnath is hosting lakhs of people. Will it not damage the sacred areas? How are you going to meet the daily needs of the people? Where is the ‘sewage’ system?  It looks as if we don’t really care for what is happening to local people. After the 2013 Kedarnath tragedy, developmental projects have increased incrementally and so have the disasters too. The 2021 disaster at Raini-Tapovan area particularly on Rishiganga-Dhauliganga confluence has shown the might of nature again when the entire hydro power project got swept away, apart from the lives of several hundred workers mostly outside Uttarakhand. Joshimath and many other towns in Uttarakhand are endangered.

So far, not much has been done. After a few months, we forget things.

We request policy planners to think seriously about all the projects in the Himalayas. Maintain the dignity, sanctity and serenity of Himalayas and its sacred rivers worshipped by all. Do not destroy our heritage, for the Uttarakhand region, they are our identity.

The incidents also reveal that the projects in Uttarakhand have, so far, not provided any employment to local people. Whether in Tapovan or Silkyara tunnel, the most of the workers and laborers working are outside the state which reflects how the companies do not trust local people and bring the outsiders to get their things done.

The servile media convert every tragedy into an event and focus on these events so that people don’t discuss the real issue of safety and protection of the Himalayas. As the rescue operation has succeeded and thanks to all those who worked day and night to do this task, it is time, the government to seriously ponder over and order an audit of all the projects in the Himalayan region.

I still remember the warning by legendary Girda about this kind ‘development. He was a visionary. He still reminds us about the Himalayas and development.

Says, Girda,

एक तरफ बर्बाद बस्तियाँ – एक तरफ हो तुम।

एक तरफ डूबती कश्तियाँ – एक तरफ हो तुम।

एक तरफ हैं सूखी नदियाँ – एक तरफ हो तुम।

एक तरफ है प्यासी दुनियाँ – एक तरफ हो तुम।

अजी वाह! क्या बात तुम्हारी,

तुम तो पानी के व्योपारी,

खेल तुम्हारा, तुम्हीं खिलाड़ी,

बिछी हुई ये बिसात तुम्हारी,

सारा पानी चूस रहे हो,

नदी-समन्दर लूट रहे हो,

गंगा-यमुना की छाती पर

कंकड़-पत्थर कूट रहे हो,

उफ!! तुम्हारी ये खुदगर्जी,

चलेगी कब तक ये मनमर्जी,

जिस दिन डोलगी ये धरती,

सर से निकलेगी सब मस्ती,

महल-चौबारे बह जायेंगे

खाली रौखड़ रह जायेंगे

बूँद-बूँद को तरसोगे जब –

बोल व्योपारी – तब क्या होगा?

नगद – उधारी – तब क्या होगा??

आज भले ही मौज उड़ा लो,

नदियों को प्यासा तड़पा लो,

गंगा को कीचड़ कर डालो,

लेकिन डोलेगी जब धरती – बोल व्योपारी – तब क्या होगा?

वर्ल्ड बैंक के टोकनधारी – तब क्या होगा ?

योजनकारी – तब क्या होगा ?

नगद-उधारी तब क्या होगा ?

एक तरफ हैं सूखी नदियाँ – एक तरफ हो तुम।

एक तरफ है प्यासी दुनियाँ – एक तरफ हो तुम।

Girda.

These are the wise words of Girda, the Jankavi of Uttarakhand. They are still valid for all.

Will we ever learn our lesson?

The Himalayas need our attention. They enchant us and give us enormous joy, standing for us as our borders. It is time, we bow to their might and respect them; enjoy the beautiful locales for which a bit of inconvenience should be acceptable to all. You just cannot have all your home luxuries travelling to the abode of nature. Let me say, there can be no luxury then enjoying the beauty of the Himalayas and its supremely pristine rivers and rivulets.

Let us all protect and respect them.

Related:

‘Probe on,’ says CM as frantic effort to rescue 40 men from collapsed tunnel continues

Mizoram Bridge Collapse: 18 of 23 dead Bodies of Migrant Labourers Returned to Bengal

WB: Compensation a far cry for Murshidabad’s Deceased Migrant Labourers

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‘Probe on,’ says CM as frantic effort to rescue 40 men from collapsed tunnel continues https://sabrangindia.in/probe-on-says-cm-as-frantic-effort-to-rescue-40-men-from-collapsed-tunnel-continues/ Mon, 13 Nov 2023 13:50:27 +0000 https://sabrangindia.in/?p=31010 The newspapers, The Hindu, Times of India, Hindustan Times and Indian Express reported Monday, November 13 morning, the day after Diwali, that the workers were reportedly trapped behind 40 metres of rubble. Scroll.in reported that they have been provided oxygen, water and food through pipes.

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A few dozen rescuers from multiple agencies continued to make frantic efforts Monday to pull out dozens of workers trapped inside an Uttarkashi tunnel that has partially collapsed. A staggering 40 men were working in the under-construction tunnel — between Silkyara and Dandalgaon on the Brahmakhal-Yamunotri national highway — when the passageway leading to the entrance gave way between 4 and 6 am Sunday, November 12, Diwali Day. First reports claimed that, at least 36 workers were trapped after a portion of an under-construction tunnel on the Brahmakhal-Yamunotri national highway in Uttarakhand collapsed in the early hours of Sunday. The incident took place at around 4 am between Silkyara and Dandalgaon villages in the state’s Uttarkashi district, PTI reported.

The National Disaster Response Force, the State Disaster Response Force, the police and the fire brigade were the ones conducting rescue operations. “As per the records [of the National Highways and Infrastructure Development Corporation], 36 workers are trapped inside,” Uttarkashi Superintendent of Police Arpan Yaduvanshi told reporters. “Rescue operations are under way on war-footing. We will rescue all of them safely.”

The workers were reportedly trapped behind a pile of rubble, but authorities have managed to establish contact. An oxygen pipe has been inserted into the collapsed part of the tunnel, so that they have no problems breathing, Uttarkashi Superintendent of Police (SP) Arpan Yaduvanshi said. Water and food are also being supplied through the debris.  Close to 160 rescuers from the national and state disaster response forces were trying to reach the workers by excavating the debris from the dark tunnel, videos and photographs of the operation showed.

The rescuers have removed about 20 metres of the debris, and there was another 40 metres to go, Uttarkashi Circle Officer Anuj Kumar has said, expecting the debris to be cleared up in another day or so. This tunnel is a part of the Centre’s ambitious Himalayan Char Dham road project, which aims to strengthen connectivity in Uttarakhand and provide better access to important pilgrimage spots. The highway infrastructure is expected to be around 825 kilometres long.

Uttarakhand Chief Minister Pushkar Singh Dhami inspected the site of the tragedy, Monday morning, having previously urged rescuers to expedite the operation. He said the work was progressing with much speed and that the trapped men had been fed.

“The men are fine. We are collaborating with experts on the rescue. The prime minister, the home minister and the railway minister are in touch. We briefed the prime minister in detail. We assure the men’s families that they will be brought out soon,” Dhami told reporters. The chief minister also said an investigation into the debacle was ongoing but the priority now was to rescue the workers.

Jhakrkand chief minister, Hemant Soren tweeted about the tragedy as did Orissa chief minister, Naveen Patnaik.

Related:

Mizoram Bridge Collapse: 18 of 23 dead Bodies of Migrant Labourers Returned to Bengal

WB: Compensation a far cry for Murshidabad’s Deceased Migrant Labourers

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SP, Uttarkashi provides investigation action report on forced exodus of Muslims in June https://sabrangindia.in/sp-uttarkashi-provides-investigation-action-report-on-forced-exodus-of-muslims-in-june/ Tue, 12 Sep 2023 12:47:55 +0000 https://sabrangindia.in/?p=29794 Following CJP's complaint to NCM regarding the communal disharmony and targeting of Muslims in Uttarakhand, the police has provided a report outlining the events and actions taken

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On September 1, the District Collector, Uttarkashi sent a detailed action taken report to the complaint dated June 16, 2023, filed with the National Commission of Minorities (NCM) by Citizens for Justice and Peace (CJP). The said complaint, was against the shocking and outrageous calls for socio-economic boycott calls against local Muslims and the resultant forced exodus of the minorities, all by local Hindutva right-wing groups.

The said complaint highlighted that a Hindutva organisation, namely the Devbhoomi Raksha Abhiyan, had published posters –prominently displayed–demanding that Muslims in the area flee their residences on threat of violence. This organisation was then joined by local community leaders like Swami Darshan Bharti and Rakesh Uttarakhandi, who also called for the forced eviction of Muslims while delivering strident hate-speeches against the community.

The complaint analysed the events leading to the exodus, the hate speeches, threats of violence boycott and abuse, led to the deterioration of communal harmony in the area and listed the sections of the criminal law and Constitution that stand violated. Following directives by the National Commission of Minorities (NCM) on the said complaint, an action taken report was sought from the superintendent of police, Uttarkashi.

The inception: In its reply, the police began by providing information that that the matter began with a case being lodged by the father of a minor Hindu girl in the Purola police station. In the complaint, it was alleged that two men, namely Uvaid Khan and Jitendra Sainihad, had kidnapped his daughter on the pretext of marriage.

The FIR had been lodged on May 26, 2023. The police had invoked sections 363 and 366A of the Indian Penal Code as well as section 16/17 of POCSO Act against Uvaid Khan and Jitendra Saini. The accused were also presented before the court and were sent to judicial custody. On June 10, after completion of the investigation, a charge sheet had been filed.

Communal disharmony: The report by the police further provided that since “the matter was inter-religious, local people/Hindu(tva) organisations, became enraged, took out a rally in Purola area and boycotted people of a religion.” Notably, the said rally was taken out on May 29, 2023, as provided in the CJP complaint to the NCM. On this, the police action taken reports states that, on the same day, “police PAC forces were deployed under the leadership of Badkot area officer and Badkot traffic area officer to ensure safety of people of a particular community and maintain law and order situation and a flag march was organised.” The CJP complaint,  based on substantiated media reports, had stated that the rally had turned violent, with mob violence against homes and shops belonging to the minority community in the area. Reportedly, the District General Secretary of ruling party, Prakash Kumar Dabral, had made anti-minority statements and said, “We will not let them do business here, will not let them open shops. Then they will leave on their own.”

The ATR from the Uttarakhand police had provided that in connection with the May 29, 2023 incident, a case had been filed at Purola Police station on June 15 under sections 147/149/427 of the IPC, against 100-150 unknown persons. This matter is still being investigated.

Posters targeting minorities: Among the worst aspects of the targeted violence was the stigmatised marking of Muslim homes with an ‘X’ symbol, a development that had found widespread condemnation. The police stated that that “some unknown persons/anti-social elements pasted posters on the shutters of shops belonging to Muslims.”

The ATR also stated that the objectionable posters that stated, “Love Jihadis are being informed that they should vacate their shops before the Mahapanchayat of June 15, if you do not follow will be dealt with time Devbhoomi Raksha Abhiyan” were also pasted by “unknown miscreants.” A case under IPC sections 153A/505/(1)(G)/506 had been lodged by them against unknown persons and is under investigation says the ATR.

The Mahapanchayat: A Mahapanchayat had been scheduled to be organised on June 15, which had been called by Hindu right-wing groups against alleged incidents of ‘love jihad’. The police ATR states that, “Due to the proposed Mahapanchayat in Purola on June 15, 2023, the undersigned, realising seriousness of the situation and to maintain law and order and communal harmony as well briefed his subordinates on regular basis and instructed them to keep an eye on situation and be alert and on June 15, 2023 necessary police forces were deployed. To maintain peace and law and order, deputy collector, Purola, passed an order to enforce section 144 in Purola police station area from June 14, 2023 to June 19, 2023 and the same was publicised via various mediums. On June 15, 2023 sufficient police PAC forces were deployed in the area under Purola police station to maintain law and order situation as well as for the safety of people of a particular religion in the wake of proposed Mahapanchayat by various organisations. Because of the efforts of district administration, police, the proposed Mahapanchayat could not happen and peace prevailed in Purola Kasba Bazar area.”

It is essential to highlight here that between the night of June 13 and June 14, an urgent petition by the Association for the Protection of Civil Rights (APCR) had been filed in the Supreme Court seeking urgent intervention to prohibit the proposed Mahapanchayat from taking place. By the morning of June 14, two other legal interventions in the form of letter petitions to the Chief Justice of India D.Y. Chandrachud were also sent by academics Apoorvanand and People’s Union for Civil Liberty. Notably, the Supreme Court had refused to entertain the said plea, but had allowed the petitioner to approach the High Court or any other authority. Notably, by it was only by 11.30 a.m. on June 14 that news of 144 being imposed in Purola and the proposed controversial Mahapanchayat being disallowed had become public.

Later, on June 15, the Chief Justice of Uttarkhand High Court, Vipin Sanghi, had heard the APCR petition moved against the Mahapanchayat and stated that it was the paramount duty of the State to ensure that law, order and peace is maintained and that there is no loss of life and property of any person in the state. The court had also the directed all respondents (state, police) to take whatever steps necessary to fulfil their Constitutional obligation to maintain law and order and protect the lives of all.

Lastly, the police ATR states that that since June 17, all the shops of people belonging to the minority religion in Purola Kasba Bazar opened peacefully. Furthermore, sufficient police forces had been deployed for the safety of people belonging to a particular religion and maintain communal harmony and law and order. The report further states “Presently, there is peace in Purola and anti-social elements are being monitored constantly by local police. The investigators in cases filed in the connection with the above matter have been given necessary instructions to legally proceed on merit.”

The complete reply of the police can be read here:

 

The complete complaint sent to the NCM can be read here:

 

Related:

One dead, over 8 injured after violence over alleged social media post in Maharashtra

Month after targeted violence, Muslim families return to Purola: Uttarakhand

Family of Purola minor denies religious motive, says it never was a ‘love jihad case’, Uttarakhand

Paramount duty of the State to ensure that law and order is maintained in all parts: Uttarakhand HC

Uttarakhand HC must stop the June 15 Mahapanchayat and assure protection to all citizens

SC orders petitioners to move HC on ‘Mahapanchayat’ immediately, also write to authorities: Uttarakhand Communal Tensions

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

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Month after targeted violence, Muslim families return to Purola: Uttarakhand https://sabrangindia.in/month-after-targeted-violence-muslim-families-return-to-purola-uttarakhand/ Tue, 27 Jun 2023 07:16:04 +0000 https://sabrangindia.in/?p=28013 As many as 20 Muslim families that fled Purola town in Uttarkashi district nearly a month ago have returned to their homes as the region inched closer to normalcy after weeks of communal tension

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Dehradun: More than 20 Muslim families that were forced to flee Purola town in Uttarakhand’s Uttarkashi district nearly 30 days ago have returned to their homes as the srife-torn region inched closer to normalcy after weeks of anti-minority, communal tension, police told the media on Monday, June 26. The Hindustan Times has reported on the police’s information,

Several members of the minority community, which comprises just 2% of the town’s population or even less, were compelled to flee the town following brazen calls for targeted boycott made by extreme right-wing groups after an alleged abduction attempt on a minor girl by two men, one Hindu one a Muslim, on May 26.

Many of the shops run by Muslims in Purola main market remained shut for nearly 21 days after members of the community were threatened and asked to leave the state by right-wing organisations, who alleged the abovementioned abduction (in which one Hindu and one Muslim was involved) was part of a ‘love jihad’ attempt – a claim denied by the minor girl’s uncle, who is a complainant in the case. According to available information, the main market roughly consists of 650-700 shops and of these, around 30-40 are run by Muslims.

‘Love jihad’ is a concocted term used by right-wing groups and extreme right-wing politicians belonging to the ruling Bharatiya Janata Party including chief ministers of Uttar Pradesh and Madhya Pradesh and the deputy chief minister of Maharashtra, to describe an alleged conspiracy by Muslim men to woo and seduce Hindu women, although Indian law, the Courts and the Union government do not officially recognise it.

It took a month after such perpetrated tensions were allowed to engulf the town –and economic losses worth hundreds of thousands suffered by the minority –that the police on Monday said the law-and-order situation is normal and more than 20 Muslim families, who fled over safety concerns, have returned to their homes.

“Over 20 Muslim families who left after communal tensions have returned. Everything is peaceful here now. The law and order is intact,” Purola station house officer (SHO) Ashok Kumar said. Some of the returnees, said HT,  corroborated the SHO’s comments and expressed satisfaction over normalcy being resumed in the town.

“Everything feels normal right now, just like it was earlier. Everything that happened seems like a bad dream. The police and vyapar mandal (traders union) have been very supportive,” Bablu, who left the town on June 4 and returned recently, is quoted by the newspaper.

The 40-year-old man lives in a rented accommodation in Purola and runs a salon in the main market. He shifted to Dehradun with his wife and two children when tensions erupted.

“We left for my sister’s place in Dehradun on June 4 after I came across a poster pasted on my shop, asking Muslim traders to vacate the premises. There has always been a sense of brotherhood among the people here. It was some outside elements who communalised the atmosphere here,” he said.

Arshad, 22, who also owns a salon in Purola market, had also fled to Dehradun in May 2023.. “I left for Dehradrun on May 27. My family lives there. I returned a week ago and subsequently resumed business as the situation is normal now,” he said.

“Even amid the tension, my landlord did not ask me to vacate the premises. But I left due to safety concerns. I knew hate cannot prevail for very long,” he said.

However, some families, quoted by Hindustan Times, also expressed apprehensions of active discrimination by the majority community.

“We returned because we have been assured of our safety by the administration. While we have been told that we won’t be harassed, we fear we will face discrimination by the majority community,” a Muslim resident said on condition of anonymity.

It is economic compulsions no doubt that have made them return. “My family was running short of money and for how long can we stay with relatives. We have a business in Purola and we are ready to resume our life again,” the resident said.

In a show of solidarity and communal harmony, Brij Mohan Chauhan, president of Purola Vyapar Mandal also told HT, “Most Muslim families have returned. They had left on their own will and returned on their own will. We never had problem with them. They are free to do trade here. We rather spoke to administration to persuade them to come back and open their shops.”

The law however does not deter extreme outfits like the Bajrang Dal. Vikas Verma of Bajrang Dal said, “We will ask locals for their economic boycott. It is the only way to evict them out of hills permanently. It is necessary if locals want to save their daughters from love jihad.”

On May 26 after two men, a Hindu and a Muslim, allegedly tried to abduct a 14-year-old girl. Local residents alleged it was a case of ‘love jihad’. The community of one of them was targeted by the mob, however.

While the two accused – Ubed Khan (24), a local shopkeeper, and Jitender Saini (23), a motorcycle mechanic – were arrested immediately on May 27, the incident led to right wing groups holding protests in several areas and attacking shops and houses of several Muslims.

Two days later, on May 29, a protest march by right wing outfits in Purola turned violent after some of the agitators attacked shops and establishments belonging to the Muslims. A similar protest was held on June 3, under the banner of Yamuna Ghati Hindu Jagriti Sangathan. Nearly 900 people took part in the stir.

Posters began to appear across Purola, asking Muslim traders to leave before a proposed Hindu mahapanchayat – which was later disallowed by the district administration – on June 15.

Section 144 of CrPC, which prohibits the gathering of four or more people in a particular area, was enforced for three days at the time. Meanwhile, police are yet to file an FIR in connection with the ransacking of Muslim shops. No compensation has been paid either.

Ten days back too it was on June 17, that HT reported that the minor girl’s uncle said there was no communal angle in the case. “There were attempts from the first hour to make this a communal issue. Right-wing activists even prepared a police complaint for us on their own, but the police didn’t accept it. It was never a love jihad case, but a regular crime. Those that committed it, are behind bars,” the 40-year-old man,” he said.

Related:

Family of Purola minor denies religious motive, says it never was a ‘love jihad case’, Uttarakhand

Paramount duty of the State to ensure that law and order is maintained in all parts: Uttarakhand HC

Uttarakhand HC must stop the June 15 Mahapanchayat and assure protection to all citizens

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

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Paramount duty of the State to ensure that law and order is maintained in all parts: Uttarakhand HC https://sabrangindia.in/paramount-duty-of-the-state-to-ensure-that-law-and-order-is-maintained-in-all-parts-uttarakhand-hc/ Thu, 15 Jun 2023 10:02:29 +0000 https://sabrangindia.in/?p=27400 Mahapanchayat in Purola: necessary steps to fulfil this Constitutional obligation to be taken, refrain from indulging in debates

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On June 15, the Uttarakhand High Court heard a plea which sought to prevent the Mahapanchayat, called by right-wing groups, from taking place in in Purola town in Uttarakhand’s Uttarkashi. Hearing the arguments made, the Chief Justice of Uttarkhand High Court, Vipin Sanghi, stated that the state has said that the local administration has imposed prohibitory orders till June 19 in Purola town to prevent the gathering from taking place and has also not given permission for the Mahapanchayat to be held on June 15. Issuing an order in the case, he stated that it is the paramount duty of the State to ensure that law, order and peace is maintained and that there is no loss of life and property of any person in the state.

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.

Related:

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

Uttarakhand HC must stop the June 15 Mahapanchayat and assure protection to all citizens

The biggest exodus of the decade: Muslims leave Uttarkashi amidst threats, hate speech

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

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

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Stop Uttarakhand Mahapanchayat, could lead to targeted communal violence: Petitions urge CJI https://sabrangindia.in/stop-uttarakhand-mahapanchayat-could-lead-to-targeted-communal-violence-petitions-urge-cji/ Wed, 14 Jun 2023 04:18:17 +0000 https://sabrangindia.in/?p=27314 Two leading authors and academics, Ashok Vajpeyi and Apoorvanand, and also India’s oldest human rights and civil liberties platform, the People’s Union for Civil Liberties (PUCL) in separate letter petitions, have brought to the attention of the highest court, that Muslim traders are being warned to leave Purola town and that the meeting by right-wing groups "could be a precursor to large scale violence". The Mahapanchayat announced by the right wing on June 15 threatens them further

The post Stop Uttarakhand Mahapanchayat, could lead to targeted communal violence: Petitions urge CJI appeared first on SabrangIndia.

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In these two separate letter petitions, Hindi scholars Ashok Vajpeyi and Apoorvanand and the PUCL have asked the Chief Justice of India D.Y. Chandrachud and Uttarakhand high court Chief Justice Vipin Sanghi to prevent a mahapanchayat from happening in Uttarakhand’s Purola town on June 15 because it could lead to communal tensions and large-scale violence.

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.

  1. 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.
  2. 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:

The biggest exodus of the decade: Muslims leave Uttarkashi amidst threats, hate speech

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

The post Stop Uttarakhand Mahapanchayat, could lead to targeted communal violence: Petitions urge CJI appeared first on SabrangIndia.

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Muslim Mahapanchayat in Uttarakhand to raise concerns over targeting of community https://sabrangindia.in/muslim-mahapanchayat-in-uttarakhand-to-raise-concerns-over-targeting-of-community/ Tue, 13 Jun 2023 09:17:05 +0000 https://sabrangindia.in/?p=27264 The Mahapanchayat is going to be held on June 18 and an appeal will be made to stop the targeting

The post Muslim Mahapanchayat in Uttarakhand to raise concerns over targeting of community appeared first on SabrangIndia.

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Concerned about the growing tensions and exodus of Muslims from Uttarkashi has compelled the Muslim community to urge for peace. Muslim Seva Sangathan is the main organization organising this conclave or Mahapanchayat on June 18 in which people from Dehradun, Haridwar, Udham Singh Nagar, and Haldwani will participate.  Through this conclave, the organisation wishes to make an appeal to not punish the innocent Muslims.

Waseem Ahmed, media in-charge of Muslim Seva Sangathan told Hindustan Times, “A meeting of Muslim religious leaders was chaired by Dehradun’s Shehar Qazi Mohammad Ahmad Qasmi on Saturday to discuss the current atmosphere of hatred against Muslims across Uttarakhand. A mahapanchayat of Muslim religious leaders will be held on June 18. People from across the state, including Dehradun, Haridwar, Udham Singh Nagar, and Haldwani will participate”.

Mohammad Ahmad Qasmi, Dehradun’s Shehar Qazi, while speaking to HT said: “In the hills, innocent Muslims are being forced out. Those who have committed the crime should be punished. The whole community should not be targeted and rendered unemployed because of one person.”

The announcement of this Muslim mahapanchayat did not go down well with the right wing. Swami Darshan Bharti, founder of Devbhoomi Raksha Abhiyan and one who made objectionable statements against Muslims in Uttarakhand. He had said, “Keep an eye on love Jihadis who are wolves in the form of plumbers, electricians, mechanics, and masons around you. Beware and identify these wolves.”

“You need to protect the dignity of your sisters,” he said and followed this with raising slogans of “Jai Shree Ram”. Addressing a crowd of women, he said that women should beware of these “Love jihadi wolves” and that they should not show any generosity towards them (Muslims)

Bharti said, in response to the Muslim Mahapanchayat, “We will not allow this (mahapanchayat by Muslims) to happen even if we have to take a big step,” reported HT.

Dehradun additional district magistrate (ADM) Shiv Kumar Baranwal said that they have not received any request for permission for Mahapanchayat and if sought, they will take appropriate action.

A Mahapanchayat is set to be held on June 15 by the right wing groups as well to further target the Muslim community.

Background

It can be said that an incident of the abduction of a Hindu girl was merely used as a pretext to cause this mass exodus by creating an atmosphere of terror lined with threats. As class nine student was allegedly abducted by two men, Ubed Khan (24) and Jitendra Kumar Saini (23) who were arrested on May 27. On May 29, a procession was carried out by right wing groups as also businessmen of the area last week and shouted slogans against targeting the Muslim community while threatening them to vacate their shops. Fearing violence, 42 shopkeepers and vendors like street hawkers, vegetable vendors, bicycle repair persons and other such small businesses reportedly fled the area.

The protesting group also sent a memorandum to the Governor through SDM Devanand Sharma demanding the immediate removal of businessmen from a particular (read Muslim) community, with a criminal mindset.

The protest march in Purola on May 29 had turned violent whereby Muslim shops were attacked and over 900 people had taken part in this mob. The memorandum sent by the protestors said, “In the garb of doing business in the town, some people from a particular community have been indulging in immoral activities… thereby, polluting the atmosphere,” as reported by HT.

A detailed timeline of events in Uttarkashi can be read here.

Related:

The biggest exodus of the decade: Muslims leave Uttarkashi amidst threats, hate speech

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

Uttarkashi: Muslims flee homes as right wing threatens the community over abduction of young girl

Radha Semwal Dhoni: Emerging far right menace in Uttarakhand

Repeat offender Radha Semwal snatches Aadhar cards of Muslim traders, threatens them

The post Muslim Mahapanchayat in Uttarakhand to raise concerns over targeting of community appeared first on SabrangIndia.

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The biggest exodus of the decade: Muslims leave Uttarkashi amidst threats, hate speech https://sabrangindia.in/the-biggest-exodus-of-the-decade-muslims-leave-uttarkashi-amidst-threats-hate-speech/ Tue, 13 Jun 2023 05:37:28 +0000 https://sabrangindia.in/?p=27238 In many places shop owners have admitted that they have forced Muslim shop owners/tenants to leave the town and videos of goons vandalising Muslim shops have also erupted

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The most worrisome development coming in from the Himalayan state of Uttarakhand is the mass exodus of Muslims from the Uttarkashi district. What started as some Muslim shopkeepers and traders fleeing Purola town after one of the accused in the abduction of a minor Hindu girl cause furore among right wing groups, has exacerbated. It is a matter of grave concern and the police and administration are hell bent on maintaining the rhetoric that everything is fine and there is no mass exodus. The Hindi news reportage from the area, however, speaks otherwise and speaks volumes.

In the last 2 weeks, up to 10 towns — Purola, Uttarkashi, Mori, Naugaon, Barkot, Chinyalisaur, Dunda, Damta, Netwar and Sankri — have seen strikes/hate rallies calling for Muslims to be denied shops, for extra “verification”, or simply for them to be expelled, pointed out The Polis Project.

How did it all begin?

It can be said that an incident of the abduction of a Hindu girl was merely used as a pretext to cause this mass exodus by creating an atmosphere of terror lined with threats. As class nine student was allegedly abducted by two men, Ubed Khan (24) and Jitendra Kumar Saini (23) who were arrested on May 27. On May 29, a procession was carried out by right wing groups as also businessmen of the area last week and shouted slogans against targeting the Muslim community while threatening them to vacate their shops. Fearing violence, 42 shopkeepers and vendors like street hawkers, vegetable vendors, bicycle repair persons and other such small businesses reportedly fled the area.

The protesting group also sent a memorandum to the Governor through SDM Devanand Sharma demanding the immediate removal of businessmen from a particular (read Muslim) community, with a criminal mindset.

The protest march in Purola on May 29 had turned violent whereby Muslim shops were attacked and over 900 people had taken part in this mob. The memorandum sent by the protestors said, “In the garb of doing business in the town, some people from a particular community have been indulging in immoral activities… thereby, polluting the atmosphere,” as reported by HT.

The boycott spread

What started in Purola then spread to Barkot whereby Muslim shops were left with black cross marks, as a sign of boycott of their businesses. Some even removed the boards of these shops. These miscreants remain unidentified. A local trader from Purola speaking to TOI, said, “The posters asking us to leave or face action are an attempt to intimidate us. Over 30 shops have remained shut since May 26.”

Hindustan Times reported the disturbing incidents in which the poster read:

“Love jihadiyon ko suchit kia jata hai ki dinak June 15, 2023 ko hone wali mahapanchayat hone se purv apni dukanein khali kar de. Yadi tumhae dwara aisa nahi kia jata, toh wakt par nirbhar karega (Love jihadists are informed that they should vacate the shops prior to a mahapanchayat on June 15. If they don’t, it (consequences) will depend on time),” the poster, which calls for ‘Devbhoomi Raksha Abhiyan’ (campaign for protection of land) said.

Local news reports

On June 9 Hindustan news reported that VHP and Bajrang Dal have released a memo stating that if Muslims are  not evicted from Nainbagh, Jakhar, Nagtibba, Thatyur, Saklana, Damta, Purola, Barkot, Uttarkashi within 10 days then locals will protest and the Yamuna bridge will be blocked.

Pahad ki Dahad Youtube channel posted a video last week with its reporter Surendra Rawat. He had a trishul (trident) strapped on his back. Devbhoomi Raksha Abhiyaan (Movement to save land of gods) leader Swami Darshan Bharti was garlanded on the streets. Bharti said that our ancestors never let such jihadis to stay here and now we are proud that they have been asked to leave from Uttarakhand and jihadis should not be entertained and no one should deal with them in business. He said “this our first wave Awareness. The public is getting aware and has now awakened. We had started this campaign for the security of this Devbhoomi (land of gods). Today the public is also participating in this”.

“Pahad ke logo ne tay kar lia hai ki khaskar Uttarkashi se chingari uthi hai ki Muslim samuday k log hai unko yaha par katay bhi bardasht nahi kia jayega unki dukaane band karane ki chetwani di hai. 30-35 dukano ko 15 din ke andar dukaan khali karne ki chetawni di gai hai aur yaha se hatt jane ko kaha gaya hai kyuki Hindu samaj ka kehna hai ki yaha par pahad ki bholi bhali ladkiyo ko bhagane ka kaam ye kar rahe hai” (the people of the mountains have decided that they will not tolerate Muslims here. Aorund 30-35 shopkeepers have been asked to vacate and leave the area because Hindus feel that Muslims trap innocent Hindu girls). He also mentioned the “encroachment” of land by putting up mazaars everywhere and called it “Land jihad”.

on June 11 a video was posted by journalist Meer Faisal, where a mob could be seen vandalising a premises in Uttarkashi with lathis, trying to break a door down. It was unclear what the premises were but it has been reported that they were ransacking the shops and houses of Muslims traders whilst raising “Jai Shree Ram” slogans. The way the police are seen dealing with these goons and mobsters is shameful to say the least.

Direct threats issued

On June 10, the Pahad Ki dahad Youtube channel interviewed with a right wing goons who said, “I appeal to you that this is Devbhoomi and not a land of Mullahs and Maulwis. Get them to vacate their shops and houses. If you are okay buying things from these people who kill our daughters, then you are on the path of adharm.”

According to him, to walk on the path of Dharma is to get Muslims to vacate their shops and homes and leave Uttarakhand. Basically to implement the mass exodus of Muslims from the state. He also said that they have spoken to many shopkeepers who will remove Muslim who are employed as workers.

The shops being locked down were also shown in the video. When the reporter questioned one of he shopkeepers, he said, “there were only shops (of Muslims) here and we have already told them to vacate. This invoked an applause from others standing with him.

Swami Prabhodhanand Giri Mahamandaleshwar uploaded a video on June 9 raising the same trope of “Love jihad” and raised slogans of ‘Uttarakhand Bachao, Jihadi Bhagao’. He congratulated those who have caused the mass exodus of Muslim from Uttarkashi and said that entire state should be free of Muslims. He said that this campaign should go on till the last of the Muslims leave Uttarakhand. “If you want to save your daughters, your land, your temples then they have to be evicted”

Journalist Alishan Jafri pointed out how Zee News covered this news. While the show on display raised the question “Uttarkashi se kyu bhagaye jaa rahe hai Muslim dukandar? (Why are Muslim shopowners being chased away from Uttarkashi?). the title of the video read, “Uttarakhand me ‘Love jihadiyo’ ko last warning (Last warning to Love Jihadis in Uttarakhand).

They speak as they flee

Further, TV9 Uttarakhand spoke to some Muslims who were fleeing from Purola. Md. Wasim, who was doing a job of washing cars and was staying in Purola for the past 8 years was interviewed by the channel. He said that the landlord did not directly ask him to leave but said that it is up to whether to leave since tensions are brewing. He and his family said they are going by their own will since the atmosphere in the town is bad and will come back when things settle down. Another Muslim shop owner said that they don’t wish to leave but they are compelled to do so since the shop has been closed and there’s no money to buy even food.

Lawyers raised concerns over contempt of SC by police

On May 30 some lawyers of Supreme Court wrote to Uttarakhand Governor highlighting the instance of hate speech and violence and how the state’s police have been acting in contempt of the Supreme Court by not following the court’s order.

What were the Supreme Court’s orders?

On April 28, the Supreme Court, in a significant development, the Supreme Court extended the

application of its October 2022 order (which directed the Delhi, Uttar Pradesh and Uttarakhand Police to take suo motu action against hate speech cases) to all States and Union Territories.

So now, all States/UTs, including Maharashtra, are enjoined and bound to take suo moto action to register FIR against hate speeches, without waiting for any formal complaint. The bench

comprising Justices KM Joseph and BV Nagarathna said the following:

“Respondents (states) shall ensure that immediately, as and when any speech or any action takes place which attracts offences such as Section 153A, 153B, 295A and 506 of IPC etc, without any complaint being filed suo moto action be taken to register cases and proceed against the offenders in accordance with law. Respondents will issue directions to the subordinates so that appropriate action can be taken at the earliest. We further make it clear that such action be taken irrespective of the religion of the maker of the speech, so that the secular character of Bharat as envisaged by the Preamble is preserved.”

wherein it had directed that:

“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.”

The court had further said that non-compliance would amount to contempt of court:

“We make it clear that any hesitation to act in accordance with this direction will be viewed as contempt of this Court and appropriate action will be taken against the erring officers,” the order reads.

On February 3, 2023, the Supreme Court issued directions with respect to an event which was scheduled to be held in Mumbai on February 5, 2023 by the

Sakal Hindu Samaj, another extremist fringe Hindutva group. The petitioner, Shaheen Abdullah, had contended that similar to its anti-Muslim speech during ‘Hindu Jan Aakrosh Morcha’ held in Mumbai on January 29, it can be apprehended that the same will be repeated during the February 5 meeting as well. The apex court had thus sought a video of the entire event to be scrutinised by the court at the next hearing. The court has also taken an undertaking from the government of Maharashtra that if permission for this event is granted “it will be subject to the condition that nobody will make any hate speech and in defiance of law or disturbing the public order.”

The court also outlined directives with respect to taking preventive action in such cases:

“We also direct that the Officer(s), in case, permission is granted and, in case, the occasion arises for invoking the power under Section 151 of Cr.P.C. as aforesaid, it shall be the duty of the Officer(s) concerned to invoke the said power and to act as per the mandate of Section 151 of the Cr.P.C.”

Conclusion

The intolerance and unwillingness of the right wing groups to let the minority community to live peacefully in the state has been evident in the many incidents that can be called precursors to the situation today. The eruption of Radha Semwal Dhoni as a hate offender, threatening, intimidating Muslim vendors on the streets, demanding to see their Identity cards is among the events. Further, the repeated and persistent claims of illegal mazaars in the forests and government land in the state and calling it encroachment is also responsible. The news channels that carried on with the trope of “mazaar jihad” are equally responsible for this mass exodus. This trope was introduced by the state’s CM  Pushkar Dhami himself. Being the Chief Minister, the one with the people’s mandate, Dhami can be said to be completely responsible for the current state of affairs. Three days ago, he also said that “Love jihad” will not be tolerated in the state. This statement was made amidst tensions brewing in Uttarkashi. In April, he had said that ‘land jihad’ and ‘mazaar jihad’ will not be tolerated in the state.

The inaction of the police is evident in the fact that the exodus continues as Muslim community does not have any assurance that they will be protected by the police from unruly, anti-social right wing elements who have decided to chase them away. The attitude of the Chief Minister is not of much help either. The future of the Muslims in Uttarakhand is daunting unless the high court or Supreme Court takes matter in its hands.

Related:

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

Uttarkashi: Muslims flee homes as right wing threatens the community over abduction of young girl

Radha Semwal Dhoni: Emerging far right menace in Uttarakhand

Repeat offender Radha Semwal snatches Aadhar cards of Muslim traders, threatens them

The post The biggest exodus of the decade: Muslims leave Uttarkashi amidst threats, hate speech appeared first on SabrangIndia.

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Uttarkashi: Cross marks, “leave” threats on Muslim shops, hatred spreads to other towns: Uttarakhand https://sabrangindia.in/uttarkashi-cross-marks-leave-threats-muslim-shops-hatred-spreads-other-towns-uttarakhand/ Tue, 06 Jun 2023 11:39:20 +0000 https://sabrangindia.com/?p=26733 At least two towns in the Uttarkashi district have seen communal tensions simmer with hate speech rampant and, as a result, Muslims fearing their lives. With a noticeable silence from police and executive authorities, it is feared that tensions could spread further even leading to violence against Muslims

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Days after tensions erupted in Uttarkashi over the abduction of Hindu girl by two young men in Uttarkashi’s Purola, the effects are being seen in other towns as well.

The outrage has simmered and now spread to another town, namely, Barkot. In Purola, as the shops belonging to Muslims remain shut, some errant right wing groups pasted posters on the shutters of these shops on Saturday. These posters threaten them to “shut down their business and leave the town before a ‘mahapanchayat’ to be held on June 15 or else face action.” In some places, shops belonging to Muslims have been vandalized with black cross marks, reported The Times of India. The posters were removed by the police on Monday.

posterImage: Hindustan Times

In Barkot as well similar incidents were reported whereby Muslim shops were left with black cross marks, as a sign of boycott of their businesses. Some even removed the boards of these shops. These miscreants remain unidentified. A local trader from Purola speaking to TOI, said, “The posters asking us to leave or face action are an attempt to intimidate us. Over 30 shops have remained shut since May 26.”

President of Purola traders’ association, Birjmohan Chauhan however maintained that nobody was asked to vacate their shops.

Uttarkashi Circle Officer, Anuj Kumar, told TOI that a case has been lodged against unidentified persons for indulging in wanton vilification of a religion and indulging in public mischief under sections 295 (a) and 505 of IPC. He said that a probe is on and they are checking the CCTV footage to identify the culprits.

Hindustan Times reported the disturbing incidents in which the poster read:

Love jihadiyon ko suchit kia jata hai ki dinak June 15, 2023 ko hone wali mahapanchayat hone se purv apni dukanein khali kar de. Yadi tumhae dwara aisa nahi kia jata, toh wakt par nirbhar karega (Love jihadists are informed that they should vacate the shops prior to a mahapanchayat on June 15. If they don’t, it (consequences) will depend on time),” the poster, which calls for ‘Devbhoomi Raksha Abhiyan’ (campaign for protection of land) said.

A local VHP leader claimed that the posters were put up by local residents, “These posters were put up by local residents who want people from a particular community to leave the town to ensure peace and communal harmony. They came here on the pretext of doing business but are targeting girls and women from our community,” VHP leader Virender Rana said while speaking to HT.

Memo by Muslim families

A memorandum has also been sent by Muslim families of the area to Purola SDM underlining their financial crisis and are seeking security so that they can open their businesses again. The memo also states that if anything untoward happens to the Muslims, the administration will be responsible for the same.

Background

On May 27 it was reported that 42 shopkeepers in Purola (all Muslim), fled, abandoning their shops and businesses owing to the protests by right wing groups. Outrage had sparked over the abduction incident whereby a Class 9 student was kidnapped allegedly by two men, Ubed Khan (24) and Jitendra Kumar Saini (23) who were arrested on May 27.

A procession was carried out by right wing groups as also businessmen of the area last week and shouted slogans against targeting the Muslim community while threatening them to vacate their shops. Fearing violence, 42 shopkeepers and vendors like street hawkers, vegetable vendors, bicycle repair persons and other such small businesses reportedly fled the area. The protesting group also sent a memorandum to the Governor through SDM Devanand Sharma demanding the immediate removal of businessmen from a particular (read Muslim) community, with a criminal mindset.

The protest march in Purola on May 29 had turned violent whereby Muslim shops were attacked and over 900 people had taken part in this mob. The memorandum sent by the protestors said, “In the garb of doing business in the town, some people from a particular community have been indulging in immoral activities… thereby, polluting the atmosphere,” as reported by HT.

The systemic hate-exclusion and socio-economic boycott that this signals was best summed up by the TOI report that stated: In the Times of India Report, page 7, Mumbai edition, there is a cogent editorial comment:

“TIMES VIEW: Putting up posters asking a community to leave town is a dangerous trend that needs to be stopped. Authorities should step in immediately and take firm action against such rogue elements who strike at the very root of a secular and democratic state.”

TOI

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Uttarkashi: Muslims flee homes as right wing threatens the community over abduction of young girl https://sabrangindia.in/uttarkashi-muslims-flee-homes-right-wing-threatens-community-over-abduction-young-girl/ Tue, 30 May 2023 04:19:09 +0000 https://sabrangindia.com/?p=26458 A minor girl was reportedly abducted by two men, one of whom was a Muslim which sparked outrage in the area

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At least 42 shopkeepers in Purola, Uttarkashi have fled owing to the protests by right wing groups in the area over the alleged abduction of a minor girl by two men. On Friday, Ubed Khand and Jitendra Kumar Saini, working at a bicycle repair shop on Kumola road, were accused of kidnapping a class 9 student in Kharsadi Mori Purola.

Outrage sparked over this incident and the Muslim community in the area is being targeted by the right wing groups as one of the accused is a Muslim. A procession was carried out by right wing groups as also businessmen of the area and shouted slogans against the Muslim community while threatening them to vacate their shops. Fearing violence, 42 shopkeepers and vendors like street hawkers, vegetable vendors, bicycle repair persons and other such small businesses reportedly fled the area.

The protesting group also sent a memorandum to the Governor through SDM Devanand Sharma demanding the immediate removal of businessmen from a particular community, with a criminal mindset. The procession then turned into an angry mob and removed the boards of the shops where the accused were working, reported Dainik Jagran.

 

Related:

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Maharashtra: 5 injured after 2 communities clash over Sambhaji Maharaj Jayanti procession, tensions simmer in Ahmednagar, Nashik

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