Supreme court dismisses pleas seeking probe into religious clashes
Supreme court on 26th April 2022, discarded a plea set out for constituting a judicial inquiry commission headed by a former CJI of India, to probe into the clashes in Rajasthan, Delhi, Madhya Pradesh and Gujrat on the occasion of Ram Navami-Hanuman Jayanti and Ramzan. In the form of public interest litigation, a writ petition filed by the advocate Vishal Tiwari titled (Vishal Tiwari vs. Union of India), Petitioner-in-persona, put forward that two similar issues were still pending which was filled at the beginning itself but could not be numbered. He highlighted the alarming circumstances in the country and added that there are accusations that biased investigations are being carried on. He further urged the apex court for the constitution of the Judicial Inquiry Commission to probe into the communal violence taking place in the respective states. Mentioning the current clashes and bulldozing of houses and shops in Delhi, MP, UP, and Gujrat, the plea alleged that- ‘The law enforcing agencies of the state and the state itself does not have authority to impose sanction on such alleged peoples. The petition also seeks a similar committee to probe into the arbitrary action of ‘Bull dodger Justice in the states of Madhya Pradesh, Gujrat, Uttar Pradesh. According to the Petition, Such actions are discriminatory and do not fit the concept of rule of law and democracy.
Advocate Vishal Tiwari claimed that – Religious and political pressure that has been seized in this country paves the way for the real question of what power and dominance, has been controlling these disturbances, and is dividing and ruling the country based on religion, culture, and ethnicity. The petition had been filed in the perspective of the recent incident that took place in Delhi’s Jahangir puri on 16th April 2022, then in the course of the Hanuman Jayanti Procession in the same area in Delhi stones were pelted on each other which resulted in a communal clash among religious groups. The situation had further accelerated from stone-pelting to sporadic arson and vandalism between the two communities. The petition consists of four incidents of communal violence, commencing from Madhya Pradesh Khargone where a community clash took place during the procession of Ram Navami on March 18th 2020, which saw a rampage with more than 50 houses and properties being burnt and demolished. In response to such violence, the Madhya Pradesh government used the Bulldozers to destroy 16 houses and 29 houses of the alleged stone pelters.
The second incident that the petition mentions is from Karauli, Rajasthan where a stone-pelting incident had arisen on 2nd April 2022 between the right-wing organizations-Vishwa Hindu Parishad, Rashtriya Swayamsevak Sang (RSS), Bajrang Dal and a Muslim group during a bike rally on Nav samvatsar(Hindu new year). The situation deteriorates when the incident of stone-pelting reached out of the league of arson and vandalism resulting in more than 30 shops being burnt and around 35 people sustaining injuries in the violence which leads to a curfew and a cut-down of internet access. The next incident which the petitioner brought to the attention is of ‘Bull Dozer justice’ from Khambhat in Gujrat. Rioting and community violence took place on April 10, 2022, at Shakarpur in Khambhat.
Considering the above, the state government has ordered the destruction of the encroachments which were belonging to the accused at the place of the riot at Shakarpur in Khambhat. The fourth incident is the communal violence that took place in Delhi’s Jahangir Puri. The petition mentions that the administration destroyed the shops of the accused of such violence and riot and had averred that the state has failed in its obligation of regulation and investigation of offences and consequential proceedings. The bench comprising of Justice L. Nageswara and B.R. Gavai stated: “What sort of relief? You want a probe under the former CJI? Find out if someone is free. What sort of petition is this?” further the bench rejected the plea by stating that – “Don’t ask for such reliefs which can’t be granted by this court………dismissed”.
Tags : #Supremecourt #Delhi #Leaders #violence #rioting #communalviolence #community #MadhyaPradesh #Gujrat #uttarPradesh #PIL #Investigation