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Pakistan Chargé d’affaires summoned and protest lodged at the vandalism at Nankana Sahib Gurudwara and the targeted killing of minority Sikh community member in Peshawar

Pakistan’s Chargé d’affaires, Syed Haider Shah was summoned to lodge a strong protest at the recent acts of vandalism and desecration of the holy Gurdwara Sri Janam Asthan at Nankana Sahib, Pakistan, and the targeted killing of minority Sikh community member in Peshawar, Pakistan.

India also shared strong concerns raised by members of civil society, parliamentarians and others at the continued persecution of religious and ethnic minorities in Pakistan, including the recent despicable and heinous acts. The Government of Pakistan was called upon to ensure the safety, security, and welfare of the members of the minority communities in Pakistan, including their places of worship, and take immediate measures to expeditiously bring the perpetrators of such despicable and heinous acts to justice.


[Press Release dt. 06-01-2020]

Ministry of External Affairs

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Following statement was issued yesterday by the Ministry of External Affairs with respect to the vandalism at Nankana Sahib Gurudwara in Pakistan:

We are concerned at the vandalism carried out at the revered Nankana Sahib Gurdwara today. Members of the minority Sikh community have been subjected to acts of violence in the holy city of Nankana Sahib, the birthplace of Shri Guru Nanak Dev ji. These reprehensible actions followed the forcible abduction and conversion of Jagjit Kaur, the Sikh girl who was kidnapped from her home in the city of Nankana Sahib in August last year.

India strongly condemns these wanton acts of destruction and desecration of the holy place. We call upon the Government of Pakistan to take immediate steps to ensure the safety, security, and welfare of the members of the Sikh community. Strong action must be taken against the miscreants who indulged in desecration of the holy Gurudwara and attacked members of the minority Sikh community. In addition, Government of Pakistan is enjoined to take all measures to protect and preserve the sanctity of the holy Nankana Sahib Gurudwara and its surroundings.”


Ministry of External Affairs

[Press Release dt. 03-01-2020]

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Jamia Milia Violence | Jamia Protest | Citizenship (Amendment) Act, 2019

Sunday evening on 15-12-2019 turned out to be full of fear and violence on the campus of Jamia Milia Islamia University when police forces entered the campus and used tear gas along with lathi-charge on students.

It has been reported that, the students were detained and taken to two of the police stations where for a few hours no lawers, activists, media persons or anyone was allowed to enter. Students were beaten in the libraries, hostels, everywhere.

Several came out in support of the Jamia Students.

As reported by NDTV, Protests swept campuses across the country against the police crackdown at Jamia Millia Islamia after Sunday evening’s violence over the new citizenship law.

The police, which used batons and teargas to contain the violence, later barged into the university and detained around 100 students. All the detained students were released around 3:30 am.

Delhi High Court’s take on the incident:

As reported by All India Radio, A bench of Chief Justice D N Patel and Justice C Hari Shankar declined to list the plea for urgent hearing, saying there was no urgency in the matter.

The plea sought judicial inquiry into the action taken by the police, including allegedly firing at the students.  It also seeks proper medical treatment and compensation for the injured students.

Case BriefsHigh Courts

Kerala High Court: The Bench of Sunil Thomas, J. dismissed a bail application filed by an individual under Section 438 CrPC, for being involved in acts of vandalism during hartal called by a political party.

Facts of the case were that a political party had declared a hartal in Kerala. The uncle of de facto complainant opened his shop despite the call for hartal. Defacto complainant went to the shop in the morning. Petitioner along with other persons abused him and caused damage to the movables in the shop. When the defacto complainant intervened, petitioner hit him on the head injuring his right eye. A case was registered against petitioner for offences punishable under Sections 143, 147, 294(b), 308, 323, 324 and 427 read with Section 149 of the Penal Code, 1860. Apprehending arrest, petitioner approached this court seeking anticipatory bail.

The Court noted that the aforesaid criminal acts were done by the petitioner under the cover of hartal called by a political party. Petitioner and his group’s act was nothing but sheer vandalism, under the guise of hartal. Call for hartal by any political party only gives the right to the members of that political party to withdraw themselves from their work as a protest. They may also persuade their fellow workers to withdraw from their work. But that does not empower them to commit criminal acts, much less, any act intended to interfere in the exercise of the fundamental right of any person to move freely anywhere in India and to carry on his trade or business anywhere in India. Reliance was placed on Full Bench decision of this Court in George Kurian v. State of Kerala, 2004 SCC OnLine Ker 42 where it was held that nobody can be compelled to participate in hartal and general strike.

Further, the Court also relied on the decision of the Supreme Court in Kodungallur Film Society v. Union of India, (2018) 10 SCC 713 where it was held that any mob violence and crime by self-appointed keepers of public morality, terrorizing common man without legal sanction and causing loss of life and destruction of property, should be dealt with seriously. It was opined that bail applications filed by persons charged with such offence should be dealt with circumspection.

In view of the above, anticipatory bail was rejected.[Vinod. P v. State of Kerala, 2019 SCC OnLine Ker 1012, Order dated 20-02-2019]

Case BriefsHigh Courts

Delhi High Court: The Delhi High Court took suo motu cognizance of violence and vandalism against members of the Delhi Bar. The Bar in it’s resolution dated 23rd January, 2018 and 22nd January, 2018 mentioned that the Counsel who were victimised were so victimised because they were appearing as counsel for a lady advocate.

The Court noted that there was shocking similarity in the design and manner of the execution of the incidents of violence and vandalism and hence, opined that the incidents could not be treated as separate incidents. The court noted that FIRs have been filed in relation to the incidents but even after a month, minimal steps have been taken by the police in providing assistance and carrying out investigation. The Court, stating that such violence to thwart legal assistance in pending cases is tantamount to criminal contempt of court. In view of above observations, the Court invoked it’s suo motu jurisdiction to call upon an immediate report from the Delhi Police. Also, it directed the matter to be treated as a writ in public interest. [Court on it’s own motion v. Commissioner of Police, Delhi, 2018 SCC OnLine Del 7221, decided on 29.01.2018]