Court directs Delhi Police to file FIR against 2 women for trying to disrupt communal harmony
May 07, 2020
New Delhi [India], May 7 : A Delhi court has directed the Delhi Police to register an FIR against two women for allegedly making insensitive remarks and trying to disrupt communal harmony in Lal Kuan area of the national capital.
Metropolitan Magistrate Rishabh Kapoor has directed Hauz Qazi police station to lodge an FIR against two women, noting that prima facie commission of cognizable offences was made out against the two.
Police have been directed to register the FIR under Sections 188 (disobedience to order duly promulgated by public servant) 153-A (promoting enmity between groups) and 295-A (deliberate and malicious acts to outrage religious feelings by insulting its religion or religious beliefs) of the Indian Penal Code (IPC) and conduct further investigation in the matter.
The court was on Wednesday hearing an application filed by Waiz Islam, who has sought registration of FIR against the two women, alleging that they had tried to disrupt communal harmony by imputing communally sensitive remarks in Delhi's in Lal Kuan area on April 16.
"It emerges that they have prima facie acted in contravention of section 188 IPC, which is a cognizable offence" the court noted and added that there is no justification for the presence of the two women in the vicinity on the alleged date and time.
"Further, it also emerges that the vicinity of occurrence has already witnessed a communal tension on a previous occasion owing to a parking dispute, and the video recording of the present incident also stands uploaded on YouTube, which may lead to the escalation of communal disharmony in the vicinity," the court said.
"In view of the discussion made above, it prima facie emerges that due to the alleged incident, offences under Section 188/153A and 295A IPC have occurred and such offences are cognizable in nature. Therefore, the investigation of the case deserves to be conducted by the police," added the court.
The petitioner told the court that the two women were roaming in the locality freely and caused public annoyance by smashing the doors of residences and shops with a rod.
He said that the incident was captured on camera and even uploaded on YouTube and alleged that the area of occurrence is a sensitive area which has already witnessed a communal dispute regarding some parking issue.
However, in an action taken report (ATR) filed by the Delhi Police, it was stated that the two women were working in an NGO and were feeding stray dogs on the streets.
The police also submitted that no cognizable offence had been committed as no religious comments were passed despite heated exchange of arguments between them and the inhabitants of the locality.
The court did not express satisfaction over the police report and said that they were roaming in the vicinity for feeding the stray animals as they were working with an NGO but they were not allowed to move in the vicinity without any movement pass, in disregard to the nationwide lockdown imposed due to the COVID crisis.
The court said that the area of occurrence is a sensitive area which has already witnessed a communal tension on the previous occasion. Therefore, if the incidents like the one in question are not taken to law, it will lead to communal disharmony and disturbance in public peace and tranquillity, for which the nation is not prepared in the present time.
