JUDGEMENT
P.SATHASIVAM, J. -
(1.)THESE writ petitions and other connected matters relate to the riots that broke out on the fateful day of 07.09.2013. The riots erupted in and
around District Muzaffarnagar, Uttar Pradesh as a result of communal
tension prevailing in the city, which wrecked lives of a large number of
people who fled from their homes out of anxiety and fear.
(2.)IT is asserted in these petitions that the communal riot erupted in Muzaffarnagar, Shamli and its adjoining rural areas after a Mahapanchayat
which was organized by the Jat community at Nagla Mandaur, 20 kms away
from Muzaffarnagar city on 07.09.2013. In the said Mahapanchayat, over
1.5 lakh persons from Uttar Pradesh, Haryana and Delhi participated to oppose the incident which was occurred on 27.08.2013 in Kawal village
under Jansath Tehsil of Muzaffarnagar because of which violence broke out
between two communities and three youths were killed from both sides in
the wake of a trivial incident which had occurred earlier and the whole
incident was given a communal colour to incite passion.
It is the claim of the petitioners herein that the local administration instead of enforcing the law allowed the congregation not
only to take place, negligently and perhaps with certain amount of
complicity, but also failed to monitor its proceedings. It is asserted in
the petitions that since 27.08.2013 more than 200 Muslims have been
brutally killed and around 500 are still missing in the spurt of the
incident in 50 villages of the Jat community dominated areas where the
Muslim community is in minority. It is the stand of the petitioners that
in the remote villages more than 40,000 persons have migrated under
threat and have been forcibly asked to move out of the village otherwise
they would be killed. It is further alleged that many thousand persons
including infants, children, women and elderly are without food and
shelter in various villages, and no facilities are being made available
by the administration. Besides this, huge illegal and unauthorized arms
and ammunitions have been recovered in and around Muzaffarnagar. It is
also pointed out that the displaced persons of all communities are
compelled to live in shelter camps where adequate arrangements are
becoming the problem of survival.
(3.)CONSEQUENTLY , several writ petitions, under Article 32 of the Constitution, were filed by various individuals/Supreme Court Bar
Association/NGOs seeking for an inclusive protection for each victim
whose fundamental rights have been infringed in the said riot by praying
for numerous rehabilitative, protective and preventive measures to be
adhered to by both the State and the Central Government.
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