APCR’s Timely Intervention in Supreme Court and Uttarakhand High Court Averts Communal Crisis in Uttarkashi

Date:

Communal Mahapanchayat Called Off, Law and Order Restored

New Delhi, June 15, 2023: Association for the Protection of Civil Rights expressed profound
concern over the escalating communal tensions in Uttarakhand’s Uttarkashi district. In light of
recent events APCR said,”we submitted a representation letter to urge the state government to ensure the
maintenance of law and order across all parts of the state and take necessary measures to prevent
any loss of life or damage to property.

In response to a Public Interest Litigation (PIL) filed by APCR on 14.6.23, the Honourable
Uttarakhand High Court presided over by Chief Justice Vipin Sanghi and Rakesh Thapliyal, has
made a major decision. The PIL requested assistance to halt a “mahapanchayat” to be held in Purola
by Hindutva organizations and urged for the filing of First Information Reports (FIRs) against those
who threatened Muslims to vacate their properties and leave the concerned area. The court has
given notice to the respondents while reiterating the state’s fundamental duty to carry out its duty to
uphold peace and order. Attorney General of Uttarakhand SN Babulkar informed the bench during
the hearing that the “mahapanchayat” had been cancelled as a result of the state’s intervention,
somewhat defusing the situation.

However, the court directed all concerned parties, including our organization and others, to refrain
from engaging in social media debates, as it may further exacerbate the situation. The court
emphasized the need for calm and restraint, urging against the spread of allegations and
counter-allegations on social media platforms and in television debates.

The counsel appearing for APCR Advocate Shahrukh Alam, Talha A Rehaman, Archit Krishna
and Priya Vats draws attention to a letter allegedly sent on June 5, 2023, on the letterhead of the
Vishwa Hindu Parishad (VHP) to the District Magistrate of New Tehri District, threatening to block
the highway on June 20 unless Muslims living in specific areas of the state vacate their homes.
Further, the counsel also brought attention to the Hon’ble Supreme Court order regarding hate
speech and sought directions for the registration of FIRs against individuals responsible for
incendiary social media posts and a threatening letter issued by certain organizations. The court
declined to issue such directions but emphasized the state’s duty to maintain law and order and
protect the lives and property of all individuals in the state.

We express deep concern that no action has been taken over the course of ten days, with no
comprehensive FIR registered against the signatories of the letter. Such inaction undermines the
specific order of the Supreme Court, as well as various sections of the Indian Penal Code (IPC) and
the Unlawful Activities (Prevention) Act (UAPA). The content of the letter incites acts against
national integrity and causes disharmony, falling within the purview of UAPA and relevant
provisions of the IPC.

Nadeem Khan, National Secretary of APCR, stated, “The cancellation of the ‘mahapanchayat’ is a
positive step, but we must not overlook the ground reality of fear and polarization. It is crucial for
the state government to ensure the safety of Muslim traders and to allow them to reopen their shops
in Purola town.”

“APCR remains steadfast in its commitment to protecting civil rights and promoting a society free
from discrimination and communal tensions,” Khan emphasized.

While we acknowledge that the ‘mahapanchayat’ has been called off, we urge the state government
to ensure the safety of Muslim traders and allow them to reopen their shops in Purola town. It is
vital to address the ground reality of fear and polarization that hampers the normal functioning of
businesses and threatens the livelihoods of innocent individuals.
We hope that the authorities will take prompt action to investigate incidents of hate speeches and
violence, register comprehensive FIRs, and bring the perpetrators of hate crimes to justice, thereby
upholding the principles of justice, equality, and communal harmony.

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