A Delhi Court has ordered registration of FIR against two ladies who attempted to disrupt communal harmony by making communally sensitive remarks in an area in Lalkuan, Delhi. (Waiz vs Unknown)
The order was passed by Metropolitan Magistrate, Tis Hazari Court, Rishabh Kapoor.
The Applicant, Waiz Islam, asserted that on April 16 two unknown ladies attempted to disrupt communal harmony by imputing communally sensitive remarks in the locality of Rogran
It was stated that the ladies were roaming freely in the locality showing complete disregard of the lockdown and were also causing 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 had even been uploaded on YouTube.
The Applicant told the court that the incident was reported to the SHO, Hauz Qazi Police Station on the same day but no FIR was registered.
He added that the incident was then reported to the concerned DCP through email but in vain as no action has been taken till date.
On the other hand, the police in its report 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 pointed that the one of the ladies was carrying a stick 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 on the web had been done had been uploaded by a local reporter without verifying the facts from the two ladies.
The Police thus submitted that no cognizable offence had been committed.
Noting that 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 court observed that 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 also pointed that the 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 on YouTube, the communal disharmony in the area might get escalated.
Placing reliance on 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 Application was thus disposed of accordingly.
The Applicant was represented by Advocate Shadman Ahmed Siddiqui.
Read the Order here: