Gurugram Namaz Row: Former MP File Contempt Plea In SC Against Haryana Chief Secretary, DGP
(Judicial Quest News Network)
A Contempt petition has been filed before the Apex Court by Mohammed Adeeb a former Rajya Sabha Member seeking immediate initiation of contempt proceedings against the Chief Secretary of Haryana and the State Police for not taking any action against right-wing groups who tried to restrain Muslims from offering Namaz in open area in Gurugram.
The plea points out that the inaction of the authorities in complying with the directions passed by the Supreme Court regarding measures to be taken to curb the communal and violent tendencies that result in perpetration of hate crimes.
The petitioner is the permanent resident of the Gurugram in view of the apparent failure of the police to comply with the directions passed by the Supreme Court in Tehseen.s Poonawalla union of India &Ors. 2018.
In this judgement the court had taken cognizance of mob violence and lynching and had passed directions on measures to be taken to curb communal violence and hate crimes.
The petitioner has sought the action against the Chief Secretary and the Director-General of Police of State of Haryana, Sanjeev Kaushal IAS and PK Agarwal IPS respectively.
The petitioner submitted that the directions of the Supreme Court in that judgement were passed with a view to ensure that law enforcement agencies are sensitized and well-prepared to nip in the bud any such tendencies that may give rise to divisive and violent incidents.
“This nefarious design being given effect to by propagation and dissemination of hateful content through social media platforms spreading false narratives, terming the performance of Friday Namaz, which is being done in the open due to compulsion and the same is permitted by the appropriate authorities in this as being illegal and in a manner of some sort of encroachment”
It is a well-known fact that the Muslim Community religiously performs Friday prayers in congregations as per the religious instructions. The said Friday prayers or Nammaz-e-Jumma is considered as essential practice of the Islam, Points out the petitioner.
Further, it is claimed that “The continuous inaction, apathy of the state machinery and failure of the local law enforcement agencies to prevent such incidents before these spirals into a monstrosity’s precisely what had been indicated by this Hon’ble court in Tahseen Poonawalla case and is thus clearly contempt of this Hon’ble court’s directions. The petitioner submitted.
The petitioner had also submitted that persons coming to perform Friday prayers have been facing a malicious and hateful campaign at the sites of such prayers.
It Is Submitted in This Regard That as Early as In April, 2021, The Local Residents and The Persons Coming to Perform Friday Prayers Have Been Facing Such Malicious and Hateful Campaign at The Sites of Such Prayers. In This Regard On 09.04.2021, The Local Residents of The Area Had Given a Complaint to the SHO, P.S. Sushant Lok, Haryana, Against One Dinesh Bharti, Who Claims to Be a Member of a Self-Styled Vigilante Group Named “Bharat Mata Vahini” And Is One of The Key Perpetrators of Repeated Incidents in Gurugram. The Complaint Had Clearly Stated That the Said Person, Along with Few Others Is Constantly Creating Hurdles in Performance of Namaz at The Designated Locations While No Action Is Being Taken Against Him.
In the same hateful campaign, on 23.10.2021, Imam Abdul Hasib, who used to perform the Friday prayers at Sector 44, Gurugram, also gave a complaint at P.S. Sadar, Gurugram, clearly stating that certain unruly elements stalked him and misbehaving with him violently asked him to stop performing the Friday prayers at Sector 44.
“With no strict action being taken against the unruly elements, on 03.12.2021, the incidents escalated further and a larger group was present on various sites of Namaz chanting communally divisive and hateful slogans. While a considerable number of police forces were present, despite the same videos emerged clearly showing such persons as having no fear of law. The police reportedly detained some persons from the mob, but the same were subsequently let off the same day.” The Plea points out.
The pleas has been filed through Advocate Fuzai Ahmed Ayoobi and drawn by Advocate Ashima Mandla, Ibad Mushtaq and Akanksha Rai.
