Uttaranchal High Court: While hearing a Public Interest Litigation (‘PIL') petition, wherein directions were sought to the State (‘respondent-State') to prevent outbreak of communal violence in Village Purola, Uttarkashi, the Division Bench comprising of Vipin Sanghi C.J. and Rakesh Thapliyal, J., directed the State to ensure that law and Order is maintained in the State.
Background
In the matter at hand, a Hindu Maha Panchayat was called at Purola on 15-06-2023, for protection of the culture and religious nature of the State. Posters were allegedly put on several shops belonging to the minority community of the area. It was apprehended that the same may lead to large scale communal violence in the area.
Therefore, the petitioner sought directions to the respondent-State to take long lasting and effective steps to prevent, control and mitigate the potential outbreak of large-scale communal violence and cognate crimes, and ensure protection of life, liberty and property of all citizens. The petitioner was also seeking direction for registration of FIRs against the persons, who are responsible for issuance of the communication dated 05-06-2023 on the letter head of Vishwa Hindu Parishad and Bajrang Dal, Uttarkashi, and against the person, who has made the social media post under the name of “Dev Bhoomi Raksha Abhiyan ”.
The Court was informed that the said Hindu Maha Panchayat was called off, with the intervention of the State, and the situation stood diffused, while the Court was hearing the present PIL.
Court's Order
On perusing the communication dated 05-06-2023, the Court said that it was not inclined to direct registration of FIR as the Court considered it inappropriate. Further, the Court stated that it is, first and foremost, for the Police authorities to examine, whether the commission of any cognizable offence has been disclosed, and, secondly, even if the police were not to act on the same, it is for the Magistrate concerned to examine the said issue in proceedings under Section 156(3) of the Code of Criminal Procedure, 1973.
The Court observed that it is the paramount duty of the State to ensure that law, order and peace is maintained in all parts of the State, and that there is no loss of life or property of any person in the State. Therefore, the Court directed the respondent/ State to take whatever steps, as are necessary, to fulfil the constitutional obligation of the State to maintain peace. Further, the Court directed the State to ensure that there is proper assessment of potential violence of any kind, before it permits the holding of any public meeting or congregation of people in the State.
[Association For Protection of Civil Right v. State of Uttarakhand, Writ Petition Public Interest Litigation No. 90 of 2023, Order Dated: 15-06-2023]
Advocates who appeared in this case :
For the Petitioner: Advocate Rohit Arora
For the Respondents: Chief Standing Counsel
Buy Code of Criminal Procedure, 1973 HERE
