Tis Hazari District Courts
Tis Hazari District Courts
Litigation News

Nation not prepared for communal disharmony during COVID-19: Delhi Court orders registration of FIR for communally sensitive remarks

Aditi Singh

A Delhi Court has ordered registration of FIR against two ladies who allegedly attempted to disrupt communal harmony by making communally sensitive remarks in an area in Lalkuan, Delhi. (Waiz vs Unknown)

The order for registration of FIR was passed by Metropolitan Magistrate, Tis Hazari Court, Rishabh Kapoor.

The Applicant before the Court, Waiz Islam, averred that on April 16, in the locality of Rogran, Lal Kuan, two unknown ladies attempted to disrupt communal harmony by imputing communally sensitive remarks.

It was stated that in complete disregard of the lockdown, the ladies were roaming in the locality freely and caused public annoyance by smashing the doors of residences and shops with a rod.

The Court was informed that the incident was captured on camera and even uploaded on YouTube.

The Applicant stated that the incident was reported to the SHO, Hauz Qazi Police Station on the same day but no FIR was registered.

The incident was then reported to the concerned DCP through email, however, no action has been taken till date, the Applicant claimed.

The Applicant was thus constrained to move the Court under Section 156(3) CrPC and sought a direction for registration of FIRs under Section 153A, 270, 295A and 188 IPC.

In its action taken report, the Police stated that the two ladies had been traced and it was found that they were feeding stray dogs on the streets as they worked with an NGO.

It was averred that the one of the ladies was carrying a stick in her hand and although there was a heated exchange between the ladies and the inhabitants of the locality, no religious comments were passed.

It was added that the video was uploaded by a local press reporter on YouTube, without verifying the facts from the two ladies.

The Police was thus of the view that no cognizable offence had been committed.

After hearing the parties, the Court observed that as per the allegations, the incident had occurred on April 16 when the nationwide lockdown was in force and people were not allowed to roam around for any purpose.

The fact that the two ladies were out in an area which was at a distance of 450 and750 m from their houses, without a movement pass indicated that the two were prima facie in contravention of Section 188 IPC which is a cognizable offence, the Court stated.

The Court also stated that perusal of case record showed that nature of the remarks passed by the ladies had been specifically narrated and was also supported by an affidavit filed by the Applicant.

The Court observed that the locality had recently witnessed communal tension and with the video of the present incident on YouTube, the communal disharmony in the area might be escalated.

Taking note of Lalita Kumari, the Court concluded that prima facie, a case for investigation under Sections 188/153A and 295 IPC had been made out.

Once the commission of a cognizable offence is disclosed to the police, it is duty bound to register an FIR and carry an investigation, the Court opined.

The Court thus ordered,

The area of occurrence is a sensitive area which has already witnessed a communal tension on previous occasion, therefore, if the incidents like the one is question are not taken to law, it will lead to communal disharmony and disturbance in public peace and tranquillity, for which the nation is not prepared in the present time of ongoing COVID crisis. Therefore, in this totality of circumstances, the present application is allowed and the SHO PS Hauz Qazi is directed to register the case FIR for offences u/s 188/153A/295A and conduct the investigation of the case accordingly.

The Applicantion was accordingly disposed of.

The Applicant was represented by Advocate Shadman Ahmed Siddiqui.

Read the Order:

Waiz vs Unknown.pdf
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