Take all steps to ensure peaceful Eid, Ram Navami at Uttam Nagar: Delhi High Court to Delhi Police

The Delhi High Court on Thursday urged the Delhi police and other authorities concerned to take all steps necessary to ensure that no untoward incident takes place during Eid tomorrow at Uttam Nagar, an area in Delhi which has seen heightened communal tensions since the killing of a 26-year-old Hindu man on Holi.

A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia today took note of the security arrangements made by the Delhi Police to ensure that Eid passes without any untoward incident.

"We thus direct the police and civil administration of the area to take all the required action permissible under law to ensure the situation does not take any ugly turn and an atmosphere is created conducive to peaceful and dignified observations of the festival of Eid which is likely to be tomorrow," the Court directed.

Police bandobast in the Uttam Nagar area should instil a sense of safety and security for all, the Court said.

"The authorities should also ensure that no one from any section of society is permitted to play any kind of mischief having the potential to create any untoward situation," it warned.

The Court has decided to keep the matter pending till after Eid is over and posted it for further consideration on April 6.

The Court clarified that the police's security measures should remain in place till the festival of Ram Navami.

The Court was hearing a plea filed by the Association for Protection of Civil Rights (APCR), which flagged concerns about communal threats being issued to Muslims after the murder of a Hindu youth, 26-year-old Tarun Bhutolia, on March 4.

During Holi celebrations on March 4, Bhutolia's 11-year-old cousin had thrown a water balloon from their house terrace towards a family member, which hit the ground and accidentally splashed a woman who was passing by.

The woman and her family members are said to have later cornered Tarun Bhutolia while he was on his way home and beaten him to death.

Since the woman and her family are Muslims, the incident assumed communal colour.

In its plea, the APCR argued that while the incident was local in nature, it was widely communalised and multiple rallies, assemblies and akrosh sabhas (rage meetings) were held. Threats of violence during Eid were given at these meetings, it was alleged.

The plea referred to several statements, including one where a person said that on this Eid, there will be no namaz or roze, but Holi will be played even if it turns out to be khoon ki holi (Holi of blood).

The APCR sought directions to prevent any potential outbreak of large-scale communal violence in the area and FIRs against persons making the threats.

The Delhi Police today told the Court today that it has taken various measures to ensure peace in the area, including round-the-clock police deployment, the deployment of Central Armed Police Forces (CAPF), peace meetings and the monitoring of social media for inflammatory posts.

In its order, the Court went on to express hope that no untoward incident or hooliganism takes place during Eid.

"Eid is celebrated to rejoice. It is the duty of all concerned to ensure that on such a pious occasion, public life is not disrupted by any kind of untoward incident involving any sort of vandalism or hooliganism on part of any single individual or any section of the society."

The government has a duty to ensure that every citizen is able to observe her/ his religious rights, the Court reminded.

"It is needless to observe that it is the duty of the state especially the police force to ensure that every single citizen in the society is able to observe his religious rights including celebrations of festivals."

The Court further emphasised that the police must take all necessary additional precautions, if the need arises, to maintain a peaceful atmosphere during Eid.

"The apprehensions expressed in the writ petition appear to be based on the incident which had occurred on March 4 and, therefore, the police authorities have to be extra cautious. Various police actions have been taken to ensure that Eid passes in peaceful atmosphere. However, we emphasise that on assessment of situation, if any need arises to strengthen the police bandobast, such measure as required shall be taken forthwith," the Court said.

Representing the Delhi police, standing counsel Sanjay Leo today told the Court,

"There are CAPF companies which have been called and they are deployed not only in the area but the entire district. They are monitoring. They have been there since March 5. The forces will be withdrawn only when the officials are satisfied."

"We are very happy if they are doing this. But on March 15, people gathered in a park and called for murder. They asked for blood against the Muslims," responded Senior Advocate Nitya Ramakrishnan, representing the APCR,

"This is a very sensitive matter. We will object. This can't be a freeway for publicity," the Additional Solicitor General (ASG) Chetan Sharma protested.

The Court too urged the APCR not to "flare" things up since the Delhi police has been taking steps to contain the situation.

"We can't say that they are not aware. We would only request you and the petitioner not to flare up the things ... The immediate concern at the moment is to prevent any such incident. There are sections of society which act as provocateurs. They [Delhi Police] must be acting in the area. They will have to have intelligence information also and they will act accordingly," the Bench observed.

Ramakrishnan urged the Court to issue some additional directions as well so that a case is registered against those who earlier called for violence against Muslims.

"If they can also make announcements that people can go to the masjid. That is routinely done. And an FIR against people who are identified. People have come in the park and social media and called for violence," she said.

The Court, however, declined to issue any such direction, expressing that it has no reason to suspect that the Delhi police would not act as required to tackle such incidents.

"Are they saying they will not take action? They are. We will say in our order that if any additional measures are to be taken, they will do it," the Court said.

"The Supreme Court says as soon as there is hate speech, they must register an FIR," Ramakrishnan pointed out.

"We will do everything as per law," Lao assured.

"People have come and called for a bloodbath; action must be taken. The meeting happened in the presence of the police. Therefore, we are concerned," Ramakrishnan persisted.

"Please, it can't be a freeway for publicity," said the ASG, objecting to the line of Ramakrishnan's submissions.

"People have gathered in a park and called for a bloodbath. There is no need to be coy about it. Why should we pretend it does not happen?" Ramakrishnan demanded.

"My count says it is being repeated the eleventh time," retorted the ASG.

The Court proceeded to record the Delhi police's assurances that law and order will be maintained in the area.

"Please instruct your authorities not to be lax. Whatever happens in Delhi is rippled," the Court said.

"We have registered FIRs," replied advocate Sanjay Lao.

"After the gruesome incident of March 4, things have been handled with dexterity," assured ASG Chetan Sharma.

Advocate Shahrukh Alam also appeared for the APCR.

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