Gujarat Court Orders FIR Over Economic Boycott Call Against Muslims

A court in Gujarat’s Patan district has ordered the registration of an FIR against a group of individuals for allegedly calling for an economic boycott of Muslims in a village following communal violence in July 2023.

In a recent ruling, Judicial Magistrate First Class HP Joshi directed the sub-inspector of Balisana police station to register a case based on a complaint filed by petitioner Makbul Husen Sheikh and to complete the investigation in a time-bound manner.

The petitioner had approached the court alleging that individuals in Balisana misused the “unfortunate incident of a communal riot” on July 16, 2023, to incite locals to boycott Muslims and force them out of business by canceling the rent agreements for their shops.

This action has affected the businesses and livelihoods of Muslims in the area, with some even being compelled to leave, the petitioner stated. The court directed that the group be charged under the Indian Penal Code for promoting enmity between different groups (153-B) and for circulating or publishing statements containing rumors or alarming news with the intent to create or promote feelings of enmity (505 (2)).

The court also noted that no offense was found under the IPC section concerning hate speech (295 (A)), which the petitioner had sought to include in the FIR.

Nearly two months after the riot, Sheikh informed the court that he had approached the district superintendent of police (SP) with videos shared on social media showing some villagers inciting others to boycott Muslims and forcing them out of rented shops in the village market and other locations.

The petitioner stated that he moved the court after the police failed to take action against those calling for the economic boycott of Muslims in the village. An earlier court order had directed the police to investigate and submit a report. The police subsequently submitted a report stating that no crime appeared to have been committed.

However, the court refused to accept the report after reviewing the video clips and statements of affected persons submitted by the petitioner. On July 26, the court ordered the police to register an FIR.

On the night of July 16, 2023, two groups of villagers clashed in Balisana over a social media post. Mobs targeted each other with iron rods, pipes, and stones, resulting in several injuries. Cross-FIRs were registered for rioting, leading to the arrest of several individuals.