Thread by @LiveLawIndia

Plea to prevent 'mahapanchayat' proposed in Purola being mentioned before Uttarakhand High Court Chief Justice.

Advocate Sharukh Alam says the petition is filed and ready for listing.

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Chief Justice Vipin Sanghi : We will call for it.

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Matter taken.

Alam refers to the Supreme Court's order directing Uttarakhand police to take suo motu FIRs in hate speech cases even without any formal complaint.

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Alam reads out the order passed by the Supreme Court on suo motu FIR in hate speech cases.

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Alam refers to a letter sent to the DM of New Tehri Garwhal. Reads out from it - "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… twitter.com/i/web/status/1…

Alam : This letter presumes lesser right for Muslims in India.

CJ : The letter does not mention any community.

Alam : The letter says "particular community". To ask the administration to evict a particular community is in itself hateful.

#Uttarakhand #SupremeCourt

Alam refers to a social media post of one of the authors of the letter. Reads out the post - "Today I met the DGP..we categorically informed the DGP that police should not make efforts to open the shops in Purola".

Alam says those are the shops of Muslims which were shut.

Alam refers to notice of 'mahapanchayat'. She says posters are stuck on shops and residences of Muslims in Purola, Uttarkashi saying "love jihadists are informed that they should vacate before mahapanchayat". Says posters are issued in the name of 'devbhoomi raksha abhiyan'.… twitter.com/i/web/status/1…

Alam : The narrative of outsiders is repeated in social media posts and also TV channels, particularly Sudarshan News TV.

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Alam : By ignoring the letter, the DM is in direct breach of the Supreme Court order. He is also in breach of law for not invoking the sections of UAPA.

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Alam : UAPA provisions are directly applicable because the letter is calling for acts against national integrity and causes disharmony. Provisions of IPC are also attracted. No FIR is registered against the signatories of this letter.

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Alam : The inaction of authorities have led to constitutional harm. Because there is a sense of impunity, people are seeing a structural violence, leading to immense psychological fear, insecurity and social and economic boycott.

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Alam : There is an economic boycott, social boycott. In view of this constitutional harm, I am seeking reliefs.

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Alam : There is also a mahapanchayat called by Muslim leaders on June 18. Both will lead to polarisation and structural violence. So both needs to be addressed.

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Chief Justice to State counsel : You have to ensure peace in the area and that law and order is not disturbed. Take whatever steps required.

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Chief Justice to State counsel : We are directing you to maintain law and order and maintain peace in the area.

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State Counsel informs that mahapanchayat has been called off.

Chief Justice : Petitioner is also saying that you have not taken steps... You should continue to maintain law and order and rule of law. You file your counter.

Alam : There is no reason to not register FIR against the signatories of the letter. There are cognizable offences.

CJ : We don't want to direct...let the Magistrate examine, we don't want to influence...let the police decide and if not, you have remedies under 156(3)

Alam : The letter has to be read in the context of posters in the shop etc...

CJ : You said FIR registered against posters?

Alam : Against unidentified persons. There is no comprehensive FIR.

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CJ : DGP has come on record saying that adverse events will not be allowed and that law and order will be maintained.

Alam : The other things are not being taken care of..like shutting down of shops. Let them open their shops.

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CJ : Where is the order by the State or anyone that the shops will not be allowed to be open?

Alam : There is no order. Because of fear and polarisation, people are not able to open their shops. There are ground reports.

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State Counsel : Delhi persons are not aware of ground situation.

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Alam : There is no direct order, but the conditions are such that people are not able to open their shops. And no unconstitutional conditions should be imposed as part of any compromise

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CJ dictates order : Learned Advocate General submits at the outset that Purola falls in UttarKashi district and not Tehri Garwhal and hence the respondent 3 has been improperly added. Petitioner may take corrective steps.

Bench's order : Petitioner's counsel submits that Hindu Mahapanchayat was called for today, June 15 for protection of the culture and nature of Uttarkashi district. The petitioner apprehends that the same may lead to communal violence in the area against the Muslim community

Order : AG submits that the said Mahapanchayat has been called off at the intervention of the State and the situation stands diffused to that extent.

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Order : Petitioner refers to the order passed by the Supreme Court on 21.10.2022. The SC was dealing with a writ petition wherein the petitioner had raised the issue of growing climate of hate in the country and hate speeches made by various persons against Muslim community.

Order : The SC directed DGP Uttarakhand to take action against hate speeches being made by any person by taking suo motu steps to register cases even if no complaint is forthcoming.

Order : Petitioner's counsel has drawn the attention of the court to communication attributed to VHP, Bajrang Dal. It is to be noted that the petitioner has not made said organizations as respondents in the petition.

Order : Petitioner has placed on record the pamphlets in social media in relation to Mahapanchayat. Posters which are allegedly being put up on several shops of Muslim community are placed on record. AG says one FIR registered in respect of posters.

Order : Petitioner submits that this Court should issue directions for registration of FIR against persons who are signatories of the letter dated 05.06.2023 issued in the letter head of VHP and also against the person who has made social media posts under the name 'devbhoomi… twitter.com/i/web/status/1…

Order : Having perused the communication dated 05.06.2023, we are 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.

Order : Secondly, even if the police is not acting, it is for the concerned Magistrate to examine under 156(3) CrPC. The directions sought by the petitioner would lead to undue influence on the concerned statutory authorities and courts.

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Order : At the same time, we observe that it is the paramount duty of the State to ensure that law and order is maintained in all parts of the State and there is no loss of life or property of any person in the State.
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Order : We therefore direct the State to fulfill the constitutional obligation of the State.

Counter affidavit be filed within three weeks.

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CJ (Orally) : t: We would not like flare up on social media with allegations and counter allegations. Or debates on television or social media.

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CJ : These communities have been living for past many decades..you cannot force people to buy from a particular shop or not to buy from a particular shop...

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Bench adds in the order : Petitioner, its associates and all other concerned shall refrain from participating in social media debates in order to normalise the situation.

Alam : Not just the petitioner, but the organisations too.

CJ : We have said 'all concerned'.

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