A Delhi court has directed registration of FIR against two women for allegedly passing communal remarks against Muslims living in the capital's Lal Kuan area while violating the nationwide lockdown by roaming on roads without any permit.
Duty Magistrate Rishabh Kapoor at the Tis Hazari Court remarked that "the area of occurrence is a sensitive area which has already witnessed a communal tension on previous occasion..."
"If the incident like the one in question are not taken to law, it will lead to communal disharmony and disturbance in public peace and tranquility, for which the nation is not prepared in the present time of the ongoing Covid crisis," the judge said.
Advocate Shadman Ahmed Siddiqui, who represented the complainant — a resident of the locality — stated that on April 16 at about 11.30 p.m. at Rodgram, Lal Kuan, two unknown ladies carrying rods came roaming in the streets and passed communal remarks.
The complainant also alleged the two ladies smashed the doors of the residences and shops of the vicinity. and that the incident was captured and video recorded.
Advocate Siddiqui argued that the incident was reported to the Police Station Hauz Qazi, but no FIR has since been registered.
In the Action Taken Report (ATR), the Delhi Police stated that the ladies involved were identified as one Mamta and one Suraiya, who were feeding the stray dogs on the streets. It stated that Mamta was carrying a stick in the hand and people of Rodgram had a heated exchange of words with both the women.
The ATR also stated that no religious comments were passed by the ladies, who were working with NGO Mahila Samiti.
The court, however, noted that the nature of remarks passed by the ladies have been specifically narrated by the complainant and that the incident had occurred on April 16 during the nationwide lockdown.
"Therefore, it emerges that they have prima facie acted in contravention of section 188 IPC, which is a cognisable offence," the court said.
The court, additionally, remarked that, "the vicinity of occurrence has already witnessed a communal tension on a previous incident owing to a parking dispute, and the video recording of the present incident also stands uploaded on YouTube, which may lead to escalation of communal disharmony in the vicinity".
The court ordered the Police Station Hauz Qazi to register the FIR for offences under section 188 (disobedience to order duly promulgated by public servant), 153A (promoting enmity on ground of religion), and 295A (deliberate acts intended to outrage religious feelings).