Gujarat Court Orders FIR Over Economic Boycott of Muslims

A court in Gujarat’s Patan district has mandated the registration of a First Information Report (FIR) against several villagers from Balisana, accusing them of economically boycotting Muslims following a communal riot. This order came from the court of Additional Civil Judge and Judicial Magistrate First Class H P Joshi on July 26, instructing the Balisana police station to register the FIR. The court determined that a cognizable offence appeared to have been committed, necessitating legal action.

Incident Background:

• On July 16 of the previous year, a clash occurred between two groups in Balisana.
• The incident was allegedly misused to incite hostility against Muslims, disrupting the previously harmonious community relations.

Allegations and Actions:

• Video clips with messages against the Muslim community were allegedly circulated by the accused.
• Following the circulation, many Muslim shop tenants were forced to vacate their premises.
• The complainant, MS Shaikh, compiled these clips into a CD and repeatedly reported the issue to Balisana police without any response.

Legal Proceedings:

• On September 8, 2023, a complaint was filed with the Superintendent of Police.
• On September 11, 2023, another complaint was sent to the Balisana police station.
• Despite recording the complainant’s statement on September 21, 2023, no action was taken against the accused.
• The petitioner described the accused as politically influential and headstrong, expressing fear for their family’s safety and concern over potential wrongful accusations against innocent Muslims.

Police Report:

• The Balisana police recommended closing the case, citing no further instances of fights or assaults.
• The police report acknowledged an August 16, 2023 incident involving a fight between the Patel and Muslim communities.
• The Patels claimed that the Muslim community attacked Hindu youths, disrupting harmony and prompting the majority community to reclaim rented shops.
• The police stated there was no coercion or abuse by the majority community and no criminality found during the investigation.

Court’s Decision:

• The petitioner sought a criminal investigation under sections 153(a) and 153(b) of the Indian Penal Code, which pertain to promoting enmity and disrupting public peace based on religion, caste, or community.
• The court concluded that a prima facie crime had been committed, warranting the registration of a cognizable offence.