Implement Apex Court's Directions On Communal Violence, Mob Lynching: Rajyasabha MP Digvijaya Singh Moves Plea In MP High Court

The plea has been through Advocate Ravindra Singh Chhabra and Mudit Maheshwari and goes on to refer to Apex Court's ruling in the cases of Tehseen Poonawala v/s Union of India (2018) 9 SCC 501, Commissioner of Police and Ors v/s Acharya Jagdishwarananda Avadhuta and Ors (2004) 12 SCC 770 and Arumugam Servai v/s State of Tamil Nadu (2011) 6 SCC 405.

Tehseen Poonawala – Court has issued directions so as to the preventive, remedial and punitive measures to be complied with by the State authorities in case of communal violence, mob violence or lynching.

Acharya Jagdishwarananda Avadhuta - Court has issued directions for ensuring that as and when these religious rallies are organized by any religious organization or sect, permission for same should be in accordance with the directions of Hon'ble Supreme Court.

Arumugam Servai - Court has issued directions to hold a departmental inquiry against the negligent officials for dereliction of duty in case of communal violence.

Referring to recent alleged incidents of communal violence by the members of some organizations in Districts of Indore, Mandsaur and Ujjain in the guise of fund collection for construction of Ram Mandir at Ayodhya, the plea avers:

"This left a trail of communal violence, breach of peace and communal harmony and destruction of immovable-movable property of the victims and otherwise."

Further, the Petitioner has submitted that he supports the pious work of construction of Shri Ram Mandir at Ayodhya, however the collection of funds/ donations must be voluntary and the members of minority community should not be coerced or threatened to pay a donation for this pious purpose.

"In the guise of this pious work, some organizations are targeting members of the minority community. of Madhya Pradesh in order to show their dominance and breach communal harmony in the State of Madhya Pradesh," adds the plea by Singh.

Singh further prays before the Court to issue directions in case of rallies organized by any religious organization or religious sect in State of Madhya Pradesh appropriate measures must be taken to protect disturbance of public peace and breach of communal harmony, so as to prevent such incidents in the future.

Other averments in the plea

The plea refers to isolated incidents which took place at Mandsaur, Ujjain, and Indore, wherein allegedly, people from the minority community had to face the wrath of the violence.

In this backdrop, the plea avers:

"It is needless to say that the State Government, Local Administration and Police are duty bound to maintain the law and order in the State and it is also the duty of the State to promote secularism in the State which is necessary to secure the aim and object of welfare State enshrined in the Preamble and other parts of the Constitution of India."

Further, the plea states that if the directions of the Hon'ble Supreme Court are followed in letter and spirit by the State of Madhya Pradesh, it would ensure preventing such incidents, providing adequate relief and compensation to the victims of the communal incident.

Also, the plea adds, that it would fix the responsibility of the officials of administration and police who were responsible to prevent such incidents and ensuring a professional and fair response from the officials in cases of communal violence incidents.

Reliefs prayed for

• Direction to the State Of MP to take steps as per directions of Apex Court in Tehseen Poonawalla case at places that are prone or have been subjected to communal violence incidents in Madhya Pradesh during the fund collection rally or otherwise.
• Direction to the State Of MP to take steps as per the directions of the Supreme Court in Arumugam Servai case and direct concerned departmental authorities to undertake inquiry to ascertain negligence and dereliction on part of Government officials who were supposed to prevent the Communal violence incidents despite having prior knowledge of the incident and did not promptly apprehend and institute criminal proceedings against the culprits and take disciplinary action against the erring officials if they are found negligent.
• Direction to the State Of MP to ensure that the law laid down by the Supreme Court in Acharya Jagdishwarananda Avadhuta case are followed by the Respondents while granting permission to rallies organized for any religious purpose or by any religious organization in the State of Madhya Pradesh.
• Direction to the State Of MP to come out with a notification or a Government order in line with the directions of the Supreme Court in the abovementioned cases, to all the District Magistrates and Superintendent of Police.