The Uttarakhand State government informed the Uttarakhand High Court on Thursday that the Hindu Mahapanchayat, organized by Hindutva groups and which raised concerns of potential hate speech, has been cancelled.
The Mahapanchayat, scheduled for Friday, prompted a public interest litigation (PIL) petition due to fears of escalating communal tensions in the State.
The court, comprising of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal commended the decision, stating “We appreciate this step. But you still must maintain peace.”
The court has also requested a comprehensive response from the State government regarding the matter within a three-week period.
Advocate Shahrukh Alam, representing the petitioner, argued during today’s hearing that the narrative calling for the exclusion of specific communities from the area has been disseminated and amplified through public rallies, social media, and the television channel Sudarshan.
Alam pointed out “The DM, in not taking action, is in breach of the Supreme Court’s direction and sections of the IPC and UAPA. Its a threat to unity and harmony“. Alam also highlighted the upcoming Muslim mahapanchayat, expressing concern that both events could potentially lead to immediate physical violence and must be addressed.
Furthermore, she requested the court to direct the state to file First Information Reports (FIRs) against individuals who made statements that could potentially incite communal tensions.
However, the court declined to entertain this request, stating that issuing such a direction would exert undue influence on the relevant statutory authorities and courts.
Nevertheless, the bench emphasized that it is the state’s primary responsibility to ensure the maintenance of law and order, peace, and the protection of life and property for all individuals. It stated, “We direct respondents to take whatever steps necessary to fulfil this Constitutional obligation.”
In addition, all parties involved were instructed to abstain from engaging in social media discussions and television debates related to the matter in order to promote a return to normalcy.
“We would not like flare up on social media of allegations and counter allegations. Or debates on television” the bench stated verbally.
The petition was filed by the NGO Association for Protection of Civil Rights before the High Court.
The case was initially brought to the attention of the Supreme Court on Thursday.
A bench comprising Justices Vikram Nath and Ahsanuddin Amanullah of the Supreme Court, who were handling the vacation proceedings, advised the petitioner to approach the High Court first and expressed confidence in the High Court’s ability to handle the matter.
Consequently, the petitioner withdrew the plea, reserving the right to approach the High Court.
According to reports, tensions in the state escalated following allegations that a Hindu and a Muslim youth had abducted a minor Hindu girl.
The incident occurred on May 26, and on the same day, the accused individuals were taken into custody. The police have charged them under various sections of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
