Uttam Nagar Holi Clash: Delhi High Court Orders Police To Ensure Safety Of Public During Eid In PIL To Prevent Communal Violence

The Delhi High Court on Thursday (March 19) directed the Delhi Police to take all necessary action to ensure that public life is not disrupted during Eid Festivities, in connection with an incident which took place in Uttam Nagar following the killing of a 26-year-old man in a clash during Holi.

The court further directed the Police to make arrangements which should "instil essence of security and safety to all" and further directed the authorities to ensure that "no one" from any section of society is permitted to cause "mischief having the potential of creating any untoward situation". 

The court was hearing a plea by Association for Protection of Civil Rights (APCR) seeking urgent directions on the State and police authorities for alleged failure to act against escalating communal tensions.

After hearing the matter for some time, a division bench of Chief Justice DK Upadhyaya and Justice Tejas Karia in its order dictated:

"Eid is celebrated to rejoice. It is duty of all concerned to ensure that on such pious occasion, public life is not disrupted by any untoward incident involving hooliganism by any individual or any section of society. It is needless to observe that it is duty of State specially police force to ensure that every citizen is able to observe his religious rights and celebrations of festivals. The apprehensions expressed in petition appears to be based on incident which occurred on March 4 and therefore, police have to be extra cautious.

Various police action have been taken to ensure Eid passes peacefully but we may emphasise if on assessment of situation, any need arises to strengthen arrangement, measures as required shall be taken forthwith. Apart from taking preventive action , police is expected to ensure that all sections of society maintain restraint considering the past incident. The situation as described in petition not only calls upon authorities to be at constant strict vigil but it also calls upon members of different sections of society to maintain constraint and conduct themselves in manner which may promote peace and harmony and not cause any situation which may turn ugly. We direct the police and civil administration of the area to take all required action permissible under law to ensure situation does not take any ugly turn and an atmosphere is created conducive to peaceful Eid. Police arrangements should be such to instil essence of security and safety to all. The authorities shall ensure that no one from any section of society is permitted to play any mischief having the potential of creating any untoward situation". 

The court directed the police arrangements in place shall continue till festival of Ram Navami.

In its order the court took note of the petition which apprehends a law and order situation which according to petitioner may cause disruption in public life on Eid day which is to be celebrated tomorrow.

"It has been stated by petitioner counsel that the apprehension expressed in petition emanates from backdrop of an incident which unfortunately occurred on March 4 in which a 26 year-old-youth died and though, the incident was local in nature, however the death caused wide ranging reaction from people belonging to different communities. Counsel for Petitioner states that in wake of the incident, certain sections in the society may disrupt public life on Eid which situation needs to be averted and all preventive measures should be taken by authorities. It has also been stated in petition that all sorts of social media posts are doing rounds causing tension in different sections of society which also needs to be curbed and action in relation to such posts be taken," the court noted. 

The court noted the submission of Standing counsel representing the Delhi Government, who on instructions from the local police submitted that since March 5 itself, adequate police arrangements have been made which are in place on round the clock basis not only in JJ colony where incident occurred but also in surrounding areas.

It was stated to the Court that adequate police personnel, even CAPF personnel have already been deployed for security arrangements to ensure that Eid festival passes without any such untoward incident. The counsel further stated that "8 companies of armed police personnel have been deployed in all 11 police stations of Dwarka district" and "four companies comprising of 400 police personnel are on vigil having vernacular deployed to ensure law and order situation along with 400 armed personnel of district force".

The court was also informed that monitoring of social media is done on various platforms and on the directions of police, 50 inflammatory posts have been taken down and requests have been made to various platforms to take down 174 posts. Further police has undertaken intensive verification program and antecedents of 8862 persons in the area have been done and Aman Committee meetings have been organised at police station and district levels. Apart from this various meetings have also taken place and in past two weeks, about 30 meetings have taken place, the court was told. 

Listing the matter on April 6 the court orally said to the Additional Solicitor General Chetan Sharma and the police's standing counsel, "Please instruct your authorities not to be lax. Because whatever happens in Delhi has its own ripple…"

At the outset the court orally asked the counsel appearing for Delhi Police as to what steps it had taken. To this the Police's standing counsel submitted, "We have already taken steps. I don't want to read in open court". 

Meanwhile Additional Solicitor General Chetan Sharma said that the Police had "very ably handled the situation". At this stage senior advocate Nitya Ramakrishnan appearing for APCR submitted, "We don't know".

The police's standing counsel further said, "CAPF force is there since early March. They are monitoring it. They are there, even after Eid also. Position is normal".

The ASG said that Four companies, Central Armed Police Forces (CAPF) in addition to district police had been deployed. "This is saturated with deterrent security," the ASG said. The police's counsel further submitted that police was monitoring all districts. 

However Ramakrishnan said, "We are happy they (police) are doing this but there are concerns. People gathered in Uttam Nagar park and called for open murder". 

Objecting to her submissions the ASG said, "This cannot be a freeway for publicity. We are objecting". 

At this stage the court orally said to Ramakrishnan:

"We would request you to restrain. Considering your request made yesterday, court is also concerned. We permitted the matter to be heard yesterday. It is being heard today somehow. Sufficient police deployment is made. Additional DCP is present. Considering the concerns, she herself is present. We cant say they are not aware of the situation. We would only request you and the petitioner not to flare up the situation. We will record the steps taken by them and we will ask them to ensure that the same is done. At the moment the immediate concern is to prevent any such incident. They have to prevent any such thing. They must be acting in the area I hope and trust. If not then we are directing them. What else can the courts do? Deployment of 800 CAPF personnel…". 

Ramakrishnan submitted if the Police can make suitable announcements to ensure that people are not afraid to go to mosques. To this the ASG said that the step was already in place and referred to a note. 

Ramakrishnan argued that FIR be filed against those who are identified of committing the alleged offences, to which ASG Sharma said that law will take its own course.

The court further said, "They are taking action. We will put everything in our order and we will say if need be they will reinforce the force and take measures". 

Background

As per APCR, multiple rallies and assemblies, including “Akrosh Sabhas”, were organized after the incident in various parts of the national capital, including Uttam Nagar, wherein highly provocative and inflammatory speeches were delivered openly “inciting violence against members of the Muslim community.”

APCR has said that the situation is further aggravated by the fear that there will be disruptions to the peaceful observance of Eid, both by vigilante groups and also by the police.

As per the petition, there are credible apprehensions of further escalation of communal tensions and targeted violence, in light of ongoing calls for disruption and retaliation.

On March 04, a 26-year-old man named Tarun was killed in a clash that broke out between his family and neighbours in the JJ Colony. According to the Delhi Police, the violence started after water from a balloon thrown by a girl from Tarun's family splashed on a woman from the neighbour's family during Holi celebrations. The Police has so far arrested 14 people and apprehended two minors in connection with the case.

Title: ASSOCIATION FOR PROTECTION OF CIVIL RIGHTS (APCR) v. STATE OF NCT OF DELHI & ORS