MOHD. HAROON Vs. UNION OF INDIA
LAWS(SC)-2014-3-44
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on March 26,2014

MOHD. HAROON Appellant
VERSUS
UNION OF INDIA Respondents





Cited Judgements :-

RAJ KUMAR VS. STATE [LAWS(DLH)-2019-12-4] [REFERRED TO]
DULAL CH VS. STATE OF ASSAM [LAWS(GAU)-2017-12-60] [REFERRED TO]
SHIKHA BENIWAL VS. STATE [LAWS(DLH)-2015-2-413] [REFERRED TO]
VINDHESHWARI PRASAD KHARE VS. STATE OF CHHATTISGARH [LAWS(CHH)-2019-5-76] [REFERRED TO]
TEHSEEN S. POONAWALLA VS. UNION OF INDIA AND OTHERS [LAWS(SC)-2018-7-37] [REFERRED TO]
SURENDRA PRASAD SHRIVASTAVA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2023-12-15] [REFERRED TO]
FARAH NAIM CHAUS VS. STATE OF MAHARASHTRA [LAWS(BOM)-2019-2-219] [REFERRED TO]
GEETA DEVI VS. STATE OF JHARKHAND THROUGH ITS CHIEF SECRETARY [LAWS(JHAR)-2017-8-90] [REFERRED TO]
KOSHILA DEVI VS. STATE OF JHARKHAND [LAWS(JHAR)-2017-7-82] [REFERRED TO]
ANINDYA SUNDAR DAS VS. UNION OF INDIA [LAWS(CAL)-2022-3-128] [REFERRED TO]
V. AMSU VS. THE STATE OF TAMIL NADU AND ORS. [LAWS(MAD)-2015-9-270] [REFERRED TO]
STATE VS. RAJAMANICKAM AND ORS. [LAWS(MAD)-2015-1-224] [REFERRED TO]
NUTAN THAKUR VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-7-49] [REFERRED TO]
RELIEF FAMILIES WELFARE SERVICE SOCIETY AND ORS. VS. STATE OF ASSAM AND ORS. [LAWS(GAU)-2015-7-40] [REFERRED TO]
SIMRAN @ MEENA KHAN VS. STATE [LAWS(DLH)-2016-5-146] [REFERRED TO]
"A" VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-11-131] [REFERRED TO]
VIJAY PAL SINGH TOMAR VS. STATE OF U.P. & 6 OTHERS [LAWS(ALL)-2017-3-8] [REFERRED TO]
DISTRICT COLLECTOR VS. DISTRICT LEGAL SERVICE AUTHORITY [LAWS(KER)-2020-12-19] [REFERRED TO]
SANJEET SANDHA VS. STATE OF ODISHA [LAWS(ORI)-2020-6-3] [REFERRED TO]
MOHD ARSHAD KHAN VS. BAR COUNCIL OF INDIA [LAWS(CHH)-2019-7-35] [REFERRED TO]
DHANI DEVI VS. STATE OF JHARKHAND [LAWS(JHAR)-2019-1-218] [REFERRED TO]
SAURABH JAISWAL VS. CENTRAL BUREAU OF INVESTIGATION (C B I ) [LAWS(CHH)-2020-5-71] [REFERRED TO]
UPENDRA PASWAN VS. STATE OF BIHAR [LAWS(PAT)-2016-11-11] [REFERRED TO]
ARCHBISHOP RAPHAEL CHEENATH S V D VS. STATE OF ORISSA [LAWS(SC)-2016-8-44] [REFERRED TO]


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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