Uttarkashi communal tensions | Paramount duty of State that law, order and peace is maintained: Uttarakhand HC

“It is the paramount duty of the State that law, order and peace is maintained, and there is no loss of life and property of any person,” the court said

Updated - June 15, 2023 11:49 pm IST

Published - June 15, 2023 12:54 pm IST - New Delhi

Uttarakhand Police conduct a flag march after the imposition of Section 144 CrPC amid the communal tensions, at Purola in Uttarkashi on June 14, 2023.

Uttarakhand Police conduct a flag march after the imposition of Section 144 CrPC amid the communal tensions, at Purola in Uttarkashi on June 14, 2023. | Photo Credit: ANI

Amid the ongoing communal tension in Uttarkashi over an alleged elopement bid of a minor with a man from minority community, the Nainital High Court on June 15 directed the Uttarakhand Government to ensure that law and order is maintained in the State and there is no loss of life or property of any person.

A Division Bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal who were hearing a petition filed by Association for Protection of Civil Rights said, “It is the paramount duty of the State that law, order and peace is maintained, and there is no loss of life and property of any person. We direct respondents to take whatever steps necessary to fulfil this constitutional obligation.”

The court was told by Advocate-General of Uttarakhand S.N. Babulkar that the proposed mahapanchyat was called off and Section 144 has been imposed in Purola town where the event was earlier called by the right-wing groups.

As the petitioner had sought the court’s direction to police to file an FIR against persons responsible for the communication of the mahapanchyat, including the VHP and the Bajrang Dal among others, the court said that it is not inclined to direct for registration of the case.

“It is first for the police to examine whether a cognisable offence is committed and thereafter the Magistrate. Direction by this Court would put undue influence on the concerned statutory authorities and courts,” the Bench added.

It further directed the petitioners and all concerned persons with the matter to refrain from participating in social media debates with a view to normalise to situation.

Meanwhile, the police had placed barricades on the entrance of the Purola town where the mahapanchyat was called by the right-wing groups. The local traders kept their shops closed in protest against the action of stopping right-wing activists and religious leaders from entering the town. Shops also remained closed in Barkot and Naugaon areas of the Uttarkashi district, which is also home to Gangotri and Yamunotri temples that are part of the ongoing Char Dham Yatra.

The police also detained the founder of Yamunaghati Hindu Jagriti Manch, Keshav Giri and founder of Rudrasena, Rakesh Tomar. Scuffle between the police and local right-wing groups were also reported from several parts of Uttarkashi town.

Talking to The Hindu, Darshan Bharti, founder of Devbhoomi Raksha Abhiyan — the organisation that had called for the mahapanchyat — said that he will change the venue of the mahapanchyat but it will be held in the days to come. He was house-detailed by the Dehradun police.

“They tried to stop one panchyat and now we will organise many many panchyats across the State,” he said. Trouble began last month after a minor girl was allegedly abducted by two youths — a Hindu and a Muslim — in Uttarkashi. The two accused were caught by locals and booked by the police following which various right-wing organisations, including the Bajrang Dal, the Vishwa Hindu Parishad and the Bhairav Sena, started protests against the minority community and a mahapanchayat was called on June 15, forcing several muslim families to leave the town.

The office-bearers of the Muslim Seva Santhan (MSS), who were planning to hold a mahapanchayat in Dehradun on June 18, too have cancelled the plan. The decision was made after a group muslim leaders met Chief Minister Pushkar Singh Dhami on June 15. Mr. Dhami assured them of security and also urged the people of the State to not to take law into their hands.

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