The Delhi High Court directed Delhi Police to ensure peace during Eid in Uttam Nagar amid tensions, with a Bench led by Chief Justice Devendra Kumar Upadhyaya reviewing security and ordering preventive measures.
NEW DELHI: The Delhi High Court urged the Delhi Police and other relevant authorities to take all necessary measures to prevent any untoward incident during Eid tomorrow in Uttam Nagar, a Delhi neighbourhood that has experienced heightened communal tensions since the killing of a 26-year-old Hindu man during Holi.
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia reviewed the security arrangements made by the Delhi Police to ensure Eid passes without incident.
The Court directed,
“We thus direct the police and civil administration of the area to take all the required action permissible under law to ensure the situation does not take any ugly turn and an atmosphere is created conducive to peaceful and dignified observations of the festival of Eid which is likely to be tomorrow,”
The bench said police deployment in Uttam Nagar should create a sense of safety and security for everyone.
It warned,
“The authorities should also ensure that no one from any section of society is permitted to play any kind of mischief having the potential to create any untoward situation,”
The Court has kept the matter pending until after Eid and listed it for further consideration on April 6. It also clarified that the police’s security arrangements should remain until the festival of Ram Navami.
The petition came from the Association for Protection of Civil Rights (APCR), which raised concerns about threats to Muslims following the murder of 26-year-old Tarun Bhutolia on March 4. The petition said the incident began when, during Holi on March 4, Bhutolia’s 11-year-old cousin tossed a water balloon from their terrace; it missed the intended target, hit the ground and splashed a passing woman. The woman and her relatives allegedly later confronted and fatally beat Bhutolia while he was returning home. Because the woman and her family are Muslim, the matter took on communal overtones.
APCR said the incident, though local, was communalised widely, with several rallies, assemblies and akrosh sabhas (rage meetings) held, and that threats of violence during Eid were made at these gatherings.
The petition cited statements including one that said, on this Eid “there will be no namaz or roze, but Holi will be played even if it turns out to be khoon ki holi (Holi of blood).” APCR sought orders to prevent large-scale communal violence and to register FIRs against those who made threats.
The Delhi Police told the Court it had taken multiple steps to maintain peace, including 24/7 deployment, posting Central Armed Police Forces (CAPF), holding peace meetings and monitoring social media for inflammatory posts.
The Court expressed hope that Eid would pass without incidents or hooliganism and emphasized the duty to preserve the festival’s peaceful and celebratory character.
It said,
“Eid is celebrated to rejoice. It is the duty of all concerned to ensure that on such a pious occasion, public life is not disrupted by any kind of untoward incident involving any sort of vandalism or hooliganism on part of any single individual or any section of the society.”
The bench reminded authorities that the government must safeguard every citizen’s right to practice their religion.
It added,
“It is needless to observe that it is the duty of the state especially the police force to ensure that every single citizen in the society is able to observe his religious rights including celebrations of festivals.”
The Court stressed that the police should be prepared to take further precautions if needed to maintain peace during Eid.
The Court said,
“The apprehensions expressed in the writ petition appear to be based on the incident which had occurred on March 4 and, therefore, the police authorities have to be extra cautious. Various police actions have been taken to ensure that Eid passes in peaceful atmosphere. However, we emphasise that on assessment of situation, if any need arises to strengthen the police bandobast, such measure as required shall be taken forthwith,”
Representing the Delhi Police, standing counsel Sanjay Lao told the bench,
“There are CAPF companies which have been called and they are deployed not only in the area but the entire district. They are monitoring. They have been there since March 5. The forces will be withdrawn only when the officials are satisfied.”
Senior Advocate Nitya Ramakrishnan for the APCR responded,
“We are very happy if they are doing this. But on March 15, people gathered in a park and called for murder. They asked for blood against the Muslims,”
The Additional Solicitor General (ASG) Chetan Sharma protested,
“This is a very sensitive matter. We will object. This can’t be a freeway for publicity,”
The Court asked the APCR not to escalate tensions, noting the Delhi Police has been acting to contain the situation.
The Bench observed,
“We can’t say that they are not aware. We would only request you and the petitioner not to flare up the things … The immediate concern at the moment is to prevent any such incident. There are sections of society which act as provocateurs. They [Delhi Police] must be acting in the area. They will have to have intelligence information also and they will act accordingly,”
Ramakrishnan urged the Court to direct registration of FIRs against those who called for violence and to allow announcements assuring people they could attend mosques. She said that speakers at the park and social media had called for violence.
The Court declined to issue those particular directions, indicating it had no reason to doubt the Delhi Police would act as necessary.
The Court said,
“Are they saying they will not take action? They are. We will say in our order that if any additional measures are to be taken, they will do it,”
Ramakrishnan pointed out,
“The Supreme Court says as soon as there is hate speech, they must register an FIR,”
Lao assured, “We will do everything as per law,”
Ramakrishnan persisted,
“People have come and called for a bloodbath; action must be taken. The meeting happened in the presence of the police. Therefore, we are concerned,”
The ASG objected,
“Please, it can’t be a freeway for publicity,”
Ramakrishnan demanded,
“People have gathered in a park and called for a bloodbath. There is no need to be coy about it. Why should we pretend it does not happen?”
The ASG retorted, “My count says it is being repeated the eleventh time,”
The Court recorded the Delhi Police’s assurances that law and order would be maintained.
The Court said,
“Please instruct your authorities not to be lax. Whatever happens in Delhi is rippled,”
“We have registered FIRs,” responded advocate Sanjay Lao.
“After the gruesome incident of March 4, things have been handled with dexterity,” ASG Chetan Sharma added.
Advocate Shahrukh Alam also appeared for the APCR.
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