Muzzafarnagar Riots: SC issues notice to Centre and UP, directs to provide assistance to stranded victims

The Supreme Court today issued notice to the Centre and Uttar Pradesh (UP) government and directed immediate steps to be taken to provide assistance to the victims of the Muzzafarnagar communal riots..A three judge Bench comprising of Chief Justice P Sathasivam and Justices Ranjana Prakash Desai and Ranjan Gogoi issued the direction in a petition [Mohd. Haroon & Ors. v. Union of India & Anr., W.P. (Crl.) 155/2013] filed by nine victims of the riots..Senior Advocate Gopal Subramanium, who appeared for the petitioners, submitted that the petitioners were seeking directions from the Court for the welfare of all the victims irrespective of caste, creed or religion. Contending that Muzzafarnagar was historically a very peaceful place with no communal disturbances, he submitted that the free reign given to various political leaders and organisations by the government in the last few years to hold rallies and make inflammatory speeches was what led to the deterioration of the peace and harmony. He also submitted that the Central government did not act despite intelligence reports of the fact that communal riots could break out in the town. He also submitted that the Indian Army was also not well supported by the State government when it was fielded in the riot areas..Subramanium, therefore, prayed for an ad interim order restraining all political parties from indulging in acts of communal hate and making inflammatory speeches which are offences under S. 153A of the Indian Penal Code. He also prayed for an ad interim order directing the Central government to discharge its duties under Article 355 of the Constitution by protecting the State from internal disturbances..He further prayed for directions to be issued to the State and Central governments to ensure that around 1,40,000 stranded victims are taken to safety and are provided food and medical assistance..Senior Advocate Rajiv Dhawan, representing the State of UP, vehemently opposed the prayer seeking direction involving Article 355 contending that it was an effort to establish conditions which would sow the seeds for President’s rule. Dubbing the submissions by Subramanium with respect to Indian Army as a “rhetoric design to catch the Press”, Dhawan submitted that a Commission of Inquiry had already been constituted to investigate the matter and submit a report. Dhawan, therefore, welcomed the prayer to issue notice to the State government with direction to provide assistance to the stranded victims and also expressed willingness to file a response apprising the Court of the situation by September 16..The Supreme Court Bar Association (SCBA) had also filed a petition seeking a CBI inquiry into the matter. SCBA President MN Krishnamani represented SCBA..The Court after hearing the three counsels issued notice to the Centre and the UP government and directed the UP government to provide immediate assistance to the stranded victims “in association with the Central Government”. It also directed the UP government to file its response by September 16 setting out details with respect to the steps taken by the government to help the victims and to bring the situation under control. The matter will now be heard on September 16 at 2 pm..Meanwhile, another petition has been filed by Social activist Nutan Thakur in the Allahabad High Court’s Lucknow Bench seeking a CBI probe into all the major riots that have taken place in the State after the formation of the new government in March last year. Narrating the various communal riots which have occurred at Mathura, Pratapgarh, Bareilly, Lucknow, Allahabad, Ghaziabad, Faizabad, Azamgarh, Meerut and Amethi, Thakur has prayed for a CBI inquiry into each of these major riots just like the Gujarat riots. She has also prayed that a sitting High Court Judge be inducted into Justice Sahai commission and its ambit be expanded to all the major riots during this period. The matter shall be heard tomorrow by a Division Bench of Justices Devi Prasad Singh and Ashok Pal Singh.