“The single line averred by respondent no. 1 (Mander) against the petitioner (Kumar) in his complaint filed before the magistrate on the face of it does not constitute any offence, or make out any case against the petitioner,” the court said in its order, as reported by the LiveLaw.

The Bench opined that even if the allegation made out in the complaint turn to be true, no offence has been disclosed that the petitioner has committed. The bench added the following in the order: “Even if the allegations made in the complaint are determined to be true, even then, no offence was disclosed to have been committed by the petitioner (Kumar),” as reported by the LiveLaw.

The court further stated that the case’s records show that there is absolutely no incriminating proof against Kumar, rather deemed the said to be a case with insufficient evidence. 

“They will primarily relate to a hate speech which was allegedly delivered by someone else on which the present Petitioner (Kumar) did not have any control,” the judge added. 

In addition to this, Justice Sharma stated that although the magistrates’ powers may be unlimited, they are not unrestricted, and that they must decide cases while keeping in mind that they are the first in line for the adjudicatory process of a criminal case. Magistrates, Justice Sharma continued, play a crucial role in the criminal justice system. 

“Though there is no place for hatred or criminal disharmony in a civilized society, in a country like India … all communities have respected each other and have lived a harmonious life. While passing such cases the magistrates even if they disagree with the detailed action report filed on record, the court while focusing on non-discrimination, it has to take into consideration that communal peace cannot be taken lightly and tolerance of cultural and religious values between different communities has to be kept in mind,” the court said, as per LiveLaw.

The bench further noted that in the present case, the police had found that there was no material against Kumar of having either delivered a speech or to have ignited any communal disharmony. 

“This court therefore, cautions that while passing such orders, the judges have to be careful that in case there is no disharmony due to any speech, which was allegedly delivered, and not a past as the present one, could have rather ignited the communal disharmony. With these observations and some other observations, your petition has been allowed,” the court said, while addressing the petition.

Background of the case:

The incident of the the Lal Kuan region of Old Delhi had happened in the month of July of the year 2019, when communal tensions had gripped the area, having escalated from a minor squabble erupted over the parking of a two-wheeler. Following the incident, the conflict had begun as groups from both Hindu and Muslim communities gathered at different places and shouted slogans and tried to incite mobs. Reports started surfacing that a small Durga temple in the area had been stoned. Some Hindu activists had accused the Muslims of vandalising the temple.

The next morning, incensed Hindu youth came out on the streets, shouting angry slogans and hurling abuses at Muslims. As per a report of the Scroll, Harsh Mander had narrated the following: “On the morning of July 9, police personnel and armed Central Reserve Police Force men were also deployed in large numbers. At the temple, a small crowd had gathered, among them local Muslim and Hindu leaders, with many onlookers from the houses, curious and apprehensive. There were also songs about how Kashmir is Hindu and bhagwa (saffron), and that India is a nation of the Hindus. At around 1 pm, after their march, the crowd gathered near the main temple. Even as local Muslims were serving food at the bhandara, troubling speeches were  being broadcast from the temple loudspeakers. In the first speech, a man in saffron robes said that Hindus had been quiet for too long. He asked Hindus to wake up, adding that Hindus in Gujarat were already awake and could avenge the plight of their dead relatives.”

The VHP organisation had put together a rally on July 9 in the Lal Kuan area of Old Delhi, purported to be in in response to the vandalisation of a temple on July 1, 2019. As alleged by Mander in his complaint, Swami Ji from Kasi, the other accused in the case, allegedly made a hostile speech which contributed to violence in the neighbouring area. Mander had also accused VHP’s Alok Kumar of creating communal tension.

On February 23, 2020, the Tis Hazari Court of Delhi had ordered for the registration of an FIR against Alok Kumar, the International Working President of the VHP and one Swamiji from Kashi for inciting violence against members of the Muslim community. 

Alok Kumar had approached the High Court in the year 2020, seeking for the quashing of the above-mentioned trial court order. Notably, Justice Yogesh Khanna on March 20, 2020, had stayed the trial court order.

 Related:

FIR against members NSIW fact-finding team, academics & activists

Surat: Kajal Hindustani again indulges in hate speech, despite 3 FIRs

30 FIRs Registered against Hate Speech and Hate Crimes: DGP, Maharashtra

Jaipur: FIR against Sadhvi Prachi for delivering anti-Muslim hate speech

Comments can be distasteful but does not warrant FIR, police officer fined Rs 25,000: Bom HC

The post Delhi HC set aside trial court’s order for filing of FIR against VHP leader for allegedly delivering hate speech in 2019 appeared first on SabrangIndia.

Delhi Police arrested local Vishwa Hindu Parishad (VHP) leader Prem Sharma, for carrying out the Hanuman Jayanti procession without permission on April 16, 2022, said the Hindustan Times. This same procession was caught on camera brandishing weapons and swords and eventually engaged in violent clashes in Jahangirpuri area.

Around eight police officers and one civilian suffered injuries during stone-pelting on Saturday evening. DCP North West Usha Rangnani told the newspaper that a case was registered under Section 188 of the IPC at the local police station on Sunday against Vishwa Hindu Parishad and Bajrang Dal Delhi Prant organisers. Meanwhile, Indian Today reported that 14 people were arrested and another 10 people were detained by the police following the conflict in the region. It may be noted that a majority of these were Muslims even though the violence occurred in a Muslim-dominated area near a masjid.

The booked Sharma is a VHP district-level cadre and is facing investigation from the police. Yet, the ones who are arrested for allegedly firing at the procession is a minor boy Aslam. According to the India Today, a pistol was recovered from the youth who is claimed to be a history-sheeter. Along with him two more key accused Mukhtar and Khodu were arrested.

There are no reports regarding the detainment of those procession members who were caught on-camera and on CCTV, brandishing swords and guns in their hands. The same was pointed out by four-time Delhi Congress MLA Mukesh Sharma who demanded that the police arrest those who entered the minority-dominated with weapons in hand as seen on Aaj Tak and even India Today coverage.

जहांगीरपुरी मे “भगवा गमछा” पहन कर “तलवार लहराते” हुए “जुलूस निकालने” वालों को भी “गिरफ्तार” करो! pic.twitter.com/AfUEPVpthY

— Mukesh Sharma (@MukeshSharmaMLA) April 17, 2022

Netizens appreciated the Opposition’s efforts to call out this bias within the police execution.

ऐसे निर्भीक साफ बोलने वाले ही देश को जगा सकते है, Salute @MukeshSharmaMLA जी.!!https://t.co/13g1ZaCU4W

— Asim Munna (@AsimMunna4) April 18, 2022

According to the Hindustan Times, Delhi Police Commissioner Rakesh Asthana refuted claims of attempts to hoist saffron flags at the mosque and asked people not to fall prey to rumour-mongering. Further, during a media briefing, Asthana asserted that those involved in violent clashes will not be spared irrespective of class, creed or religion.

Related:

Fresh violence reported from Jahangirpuri
Jahangirpuri: “Peace” on the ground, but what about the fear in the hearts?
Hanuman Jayanti procession participants hoist flag on Gujarat dargah 
Jahangirpuri Violence: 14 Arrested, all from the minority community, main accused a minor?
Mob sets three houses ablaze in Agra over interfaith relationship
Karnataka: Muslim man beaten up for travelling with Hindu woman
Delhi Violence: Shifa-Ur-Rehman denied bail again in UAPA case
In 6 years, Centre sanctioned scholarships worth ₹ 15,785.36 cr

The post Delhi police books VHP leader for illegal rally at Jahangirpuri appeared first on SabrangIndia.

The Vishwa Hindu Parishad’s twitter handle is yet to make a comment on its Narmada division president Sarabjeet Singh Mokha’s arrest for allegedly sourcing 500 fake Remdesivir injections from Indore. Mokha, is the Director of Jabalpur’s City Hospital which has reportedly administered the fake Remdesivir to many Covid-19 patients under its care. According to news reports, Mokha was one of the four persons arrested for allegedly procuring and administering fake Remdesivir. This drug is much in demand as it is used in treatment of Covid-19 by hospitals.

Mokha, who is also the Vishwa Hindu Parishad (VHP) division president of the area, has been accused of “sourcing 500 Remdesivir injections from Indore,” and has been booked under Sections 274, 275, 308, and 420 of the Indian Penal Code, stated news reports. His manager, identified as one Devendra Chaurasia, and associate Sapan Jain, who looks after dealerships with pharmaceutical companies, have also been arrested with him. According to reports VHP leader Mokha’s fake drug racket was exposed “after a team of Gujarat Police busted a fake Remdesivir manufacturing unit and arrested Jain from Jabalpur on May 7.”

According to some news reports the VHP’s Prant Mantri, Rajesh Tiwari, has said Mokha is now relieved of his charges and that the police must take stringent actions against such people. Bhagwat Singh, Jabalpur Inspector General, told  the media that the police had “set up a nodal officer of the rank of Additional Superintendent of Police, under whose leadership, an SIT has been formed to track black marketing of Remdesivir and oxygen. We are trying to break that intricate network.”

Related: 

Indian coronavirus variant classified as one of global concern: WHO
Covid-19: Gauhati HC extends Covid bail till May 31

The post Jabalpur: VHP leader caught administering fake Remdesivir to Covid patients in his hospital! appeared first on SabrangIndia.

The firebrand VHP leader has said India will truly become a “Hindu nation” when the word secular is deleted from the Indian Constitution.
"This will ensure that only Hindus become prime ministers, chief ministers, judges and police chiefs," he said last night at a Bajrang Dal programme in the UP town of Bhadohi, the Economic Times has reported.

Known for his frequent provocative remarks against India’s minorities, Togadia alleged that the stone pelters of Kashmir were nothing but "Pakistanis who just live in India".

He also suggested that Hindus should follow the example of Muslims and Christians and choose a day of the week as the former do every Friday and Sunday respectively.
 
 
 

The post Only Hindus should be PM, CMs, Judges and Police Chiefs: VHP leader Togadia appeared first on SabrangIndia.