Tripura Violence- SC Issues Notice On Plea Alleging UAPA Against Journalists, 41A Notices To Lawyers, No FIR Against Culprits' By Police

The Supreme Court on Monday issued notice on a plea seeking Independent investigation into the recent communal violence in Tripura and into the complicity and inaction of the police.The bench of Justices DY Chandrachud and AS Bopanna granted liberty to serve the central agency and the standing counsel for the state of Tripura. The notice made returnable in 2 weeks, the bench shall hear the matter on December 13.The petition prays for an issue of writ or other direction or order to ensure that an independent, credible and impartial investigation is conducted into the incidents of violence against the Muslim community as evidenced by the fact-finding report titled "Humanity Under Attack in Tripura, #MuslimLivesMatter" dated 02.11.2021 by an SIT or otherwise as deemed appropriate by the Court.Advocate Prashant Bhushan, for the petitioner, advanced, "We have shown the manner in which the police are investigating the matter, we have mentioned as to what they are not doing which they ought to have been doing- Not registering FIRs, sending 41a notices to lawyers who had produced that fact-finding report, invoking UAPA against journalists who had reported about this violence, not a single arrest has been made!"The writ petition has been filed before the Supreme Court of India against alleged targeting of the Muslim community amid Tripura violence in October this year. The petition has been filed by Advocate Ehtesham Hashmi through Advocate Prashant Bhushan, seeking an independent and impartial investigation into the alleged incidents of violence, including damaging of mosques, burning Muslim-owned business establishments, shouting Islamophobic slogans, etc. It is alleged that the Police authorities were hand in glove with the perpetrators, and not a single arrest has been made of the rioters who were responsible for the vandalism and violence. "The Police and State authorities instead of attempting to stop the violence kept on claiming that there was no communal tension anywhere in Tripura and further denied reports of any mosque being set ablaze," the plea mentions. It is further averred that the Police authorities failed to lodge FIR's on complaints made by several victims belonging to the Muslim community. Moreover, the Unlawful Activities (Prevention) Act (UAPA) was invoked against 102 people, including journalists, for reporting and writing on the recent communal violence in the State. The Petitioner further claims to have personally visited the places where the aforementioned hate crimes were committed to publish a fact-finding report, as per which, 12 Mosques were damaged; 9 shops owned by Muslim businessmen were damaged; and 3 houses owned by Muslims were vandalised. "A shocking state of affairs where Muslims are openly targeted by rioters and no protection has been extended to them by the Respondents and no arrests of said rioters has been made by the police authorities," the plea states. The conduct of the police is manifestly arbitrary and mala fide and it affects the victim's right to justice, and is also violative of Article 14 and Article 21 of the Constitution of India, it adds. The Petitioner has therefore urged the Court to define the contours of 'duty of care in investigations' or the tort of negligent investigations resulting in harm. It is further prayed to ensure compliance with the Supreme Court's directions in Tehseen Poonawalla v. Union of India whereby principles were laid down for preventing and prosecuting all violent hate crimes. In Tehseen Poonawalla case, the Supreme Court had directed that action must be taken for 'failure to act' by the police, therefore making way for individual criminal responsibility for erring police officials for acts of 'omission or commission', the petition highlights. Significantly, the Tripura High Court had also taken suo moto cognizance of the incident and recently asked the State government to specify details for computing the amount of compensation awarded in favour of the victims.Case Title: Ehtesham Hashmi v. Union of India & Ors.Click Here To Read/Download Order

Tripura Violence- SC Issues Notice On Plea Alleging UAPA Against Journalists, 41A Notices To Lawyers, No FIR Against Culprits' By Police

Akshita Saxena And Mehal Jain

"Not registering FIRs, sending 41a notices to lawyers who had produced that fact-finding report, invoking UAPA against journalists who had reported about this violence, not a single arrest has been made!", Lawyer for Petitioner Prashant Bhushan told the Court.

Tags