The Supreme Court will hear a plea on Tuesday calling for the establishment of a Judicial Inquiry Commission chaired by the former Chief Justice of India to investigate the religious clashes and Bull Dozer justice that took place in Rajasthan, Delhi, Madhya Pradesh and Gujarat on the occasion of Ramanavami and Ramzan.
Bench of Justices L. Nageswara Rao and BR Gavai will hear the motion in view of the recent incident at Jahangirpuri, Delhi on April 16, 2022, during a Hanuman Jayanti procession in the Jahangir Puri area of Delhi, stones were thrown on top of each other. which culminated in a communal clash between religious groups. This situation escalated further, from rock throwing to sporadic arson and vandalism between the two communities.
The petition refers to four incidents of communal violence, starting with Khargone in Madhya Pradesh where on March 18, 2022, communal clashes took place during Ram Navami processions which saw riots with more than 50 homes and properties burnt down and gutted. In response to such conflict and tension, the government of Madhya Pradesh used the bulldozers to demolish and vandalize 16 houses and 29 shops of the so-called stone peelers.
The second incident referred to in the petition is from Karauli, Rajasthan, when on April 2, 2022, a stone throwing incident occurred between right wing organizations – Vishwa Hindu Parishad, Rashtriya Swayamsevak Sangh (RSS), Bajrang Dal and a Muslim group during a bike rally on Nav Samvatsar (Hindu New Year). According to the petition, the situation escalated when a stone blasting incident reached the situation of arson and vandalism, which resulted in more than 30 stores being set on fire and around 35 people injured. into violence, leading to curfews and internet shutdowns in the region.
The next incident that has been brought to the attention of the court by the petition is that of the “justice bull dozer” of Khambhat in Gujrat. On April 10, 2002, riots and communal clashes took place on the occasion of Ram Navami. In view of the above, the state government ordered the demolition of the encroachments which belonged to the accused at the site of the riot at Shakarpur in Khambhat.
The fourth incident relates to the communal clashes that took place at Jahangirpuri in Delhi. The petition said the administration demolished stores owned by the accused of such violence and rioting and asserted that the state failed in its duty to regulate and investigate violations and prosecute them.
“Such government action is an absolute example of the deterrent theory of punishment. The executive being one of the organs of a democracy has a duty to regulate and investigate offenses and prosecute the accused accordingly and not to impose punishment on anyone who has not been tried in accordance with the relevant law of the country. Such actions are absolutely discriminatory and do not correspond to the notion of democracy and the rule of law. Violation of such persons is violated under the right to life and equality under Sections 14 and 21 of the Constitution. » Reads the petition.
Case Name – Vishal Tiwari v Indian Union