To, 16th October 2015
The Hon’ble Chairperson,
National Commission for Minorities,
Lok Nayak Bhavan,
Khan Market,
New Delhi 110 003.
Cc: Prime Minister’s Office
Ministry of Home Affairs, Government of India
Subject: Immediate Action be taken against CM Haryana Manohar Khattar for his unconstitutional and hateful comments against Muslims post Dadri lynching
Respected Sir,
I would like to draw the urgent and immediate attention of the National Commission for Minorities (NCM) towards an extremely reprehensible and offensive set of remarks violative of various sections of the Indian Penal Code,1860 and the Constitution made by Manohar Lal Khattar, CM Haryana
Facts of the case
On Thursday as per an Indian Express report, the CM of Haryana has allegedly said that “Muslims can live in this country but they will have to give up eating beef.”
The fact is that it is not just Muslims but even Non Muslims who eat beef. Four of the biggest beef exporting houses are owned by Non Muslims. India’s exports of Beef have increased in the last year by a substantial figure too. Besides eating beef is not a disqualification for holding citizenship of India or staying here.
Copy of news reports of the entire incident is being provided for your perusal.
This is an assault on the Fundamental Rights of Equality, Right to Life, freedom of religion and freedom of expression guaranteed by the Constitution of India under Article 14,19,21 and 25 by a person holding a Constitutional office of the CM. It is incompatible with the secular ideal enshrined in the Constitution and imbibed in the polity of our diverse, plural and multi-cultural society.
The above said statement is in flagrant violation of section 153A, 295(A), 298, 505 (2) of IPC 1860 . In addition to this the reports shows clear cut use of threat and criminal intimidation against Muslims by a CM. The said offences are Cognizable and Non-Bailable. There is an attempt to spread enmity and I’ll will between Muslims and Non Muslims. In the last 17 months I have brought over a dozen cases of communal hate speech made by various leaders before the Commission. These include statements by Sakshi Maharaj, Yogi Adityanath, Sangeet Som, Sanjiv Baliyan, Azam Khan and many others who despite occupying elected positions are trying to divide the country on communal lines.
We have seen how as a result of this propaganda and hatred Muslims are being targeted from Pune to Dadri, Dimapur to Mangalore. In the Dadri and Mangalore cases the NCM has acted on my petitions. It is time that NCM and the government gets serious about hate speech by those in public office.
In light of these circumstances, it is humbly prayed before the NCM that
a) Direct the registration of an FIR in the instant case against CM Manohar Lal Khattar for violation of various sections of IPC,1860 and direct immediate penal action against them. Direct his removal to ensure a fair probe in Haryana.
b) NCM should monitor the probe to ensure its carried out in a free , fair and impartial manner and direct the state government and police to act decisively against Manohar Khattar.
c) PMO, Central government and Ministry of Home Affairs must take cognisance of such communal incidents being done by certain elements including elected leaders to create social disharmony in the county
SHEHZAD POONAWALLA
PETITIONER
R/AT: A46, 2ND FLOOR,
SOUTH EXTENSION II
NEW DELHI 110049
+919960675176