Uttarakhand Communal Tensions | People Can't Be Forced To Buy Or Not Buy From Particular Shops, Says High Court Chief Justice

A bench of Chief Justice Sanghi and Justice Rakesh Thapliyal, which was hearing a petition seeking a ban on a ‘Maha panchayat’ proposed to be held by Hindu right-wing groups in Purola today, Advocate-General SN Babulker submitted that the congregation of Hindutva outfits had been called off after the administration intervened and managed to ‘diffuse’ the tension. Nevertheless, the bench issued notice and directed the State to fulfil its ‘constitutional obligation’ of maintaining law and order and ensuring that there is no loss of life or property.

Advocate Shahrukh Alam, appearing for the Association for the Protection of Civil Rights, further argued that the problem went beyond the proposed ‘maha panchayat’ and expressed concerns about the alleged social and economic boycott faced by Muslims living in the region. She referred, in particular, to notices threatening Muslim shop owners to vacate their premises, and a letter allegedly issued by the Vishwa Hindu Parishad issuing an ultimatum to hold a ‘chakka jam’ or a roadblock on June 20 unless Muslim families living in certain belts of Uttarakhand did not leave their homes.

The counsel highlighted the plight of Muslim traders in the region, who were forced to shut their shops following the rise in communal tension. “They should be allowed to open their shops,” Alam appealed. However, the chief justice asked, “Where is the order by the State or anyone that the shops will not be allowed to be opened?”

Alam attempted to explain that while no official order had been passed instructing Muslim shop owners to shut their shops, they were compelled to do so owing to the atmosphere of ‘fear and polarisation’. However, the top law officer remonstrated, saying, “People from Delhi persons are not aware of the ground reality.”

Later, Alam told the bench, “The distinction I am trying to draw is between a law-and-order issue in the form of immediate, physical violence and structural violence which is in the nature of a constitutional harm. This submission may be recorded so that the State could indicate in its counter affidavit the steps taken to ensure that normal lives can be resumed.” She added, “Stopping violence is one thing, but normal lives must be resumed. That is my case.”

“Let us hear the matter. This is only the first order,” Chief Justice Sanghi told the counsel. He also added:

“Our experience shows that wherever there is communal violence, time is the best healer. The first thing that must be done is to contain the situation and ensure that there is no loss of life or property. Let things settle down. After all, these communities have been living all over the country for many decades and centuries. There is no reason to assume…You also cannot force people to go and buy from a particular shop, just as you cannot force people not to buy. What do you expect the State to do?”

Background

The quaint hill town of Purola has been plunged into a communal frenzy over the alleged kidnapping of a 14-year-old girl by two men – a Muslim and a Hindu – on May 26, which has been termed a case of ‘love jihad’ by local residents. While both accused were arrested promptly, the incident has provoked deep communal tension in the town, which has eventually spread to neighbouring areas in the Bharatiya Janata Party-ruled state. Over the following days, right-wing outfits reportedly held protests in several areas and attacked the shops and houses of Muslims in Purola. Disturbing visuals of baying mobs carrying weapons and saffron flags have emerged, raising the spectre of violence between religious communities in the state.

Not only this, notices in the name of one ‘Devbhumi Raksha Sangathan’ were pasted on the shutters of shops owned by Muslim traders, threatening them to vacate the premises before the Mahapanchayat on June 15 or face dire consequences. It has further been claimed that the right-wing Hindutva organisation ‘Vishwa Hindu Parishad’ has also written a letter to the Tehri-Garhwal administration saying that if Muslims – euphemistically referred to as ‘the particular community’ – do not leave from certain belts of Uttarakhand, the group, along with Hindu Yuva Vahini and Tehri-Garhwal Traders’ Union will block the highway on June 20 in protest. Reports suggest that several Muslim families, fearing for their safety, have left the town following the hate campaign against them.

Several appeals have been made by concerned citizens and civil society organisations to stop the ‘Mahapanchayat’ from taking place, on the ground that it could lead to an escalation of communal violence in the region. Among those who have written to the Chief Justice of India are former civil servant and poet Ashok Vajpayee and Delhi University professor Apoorvanand, and the People’s Union for Civil Liberties (PUCL). A petition was filed by the Association for Protection of Civil Rights as well and mentioned for urgent listing before a vacation bench of the top court. However, the bench, comprising Justices Vikram Bose and Ahsanuddin Amanullah on Wednesday refused to entertain the petition and directed the petitioner to approach the Uttarakhand High Court.

In response to the Hindu right-wing groups organising a ‘mahapanchayat’, Muslim religious leaders in Dehradun have issued calls for a Muslim ‘mahapanchayat’ on June 18 to protest against the increased ‘targeting’ of the community in the state.