After delaying for four days to register an FIR against Chandru Moger, the coordinator of Hindu Janajagruti Samiti, who called for an economic boycott of fruit vendors from the Muslim community, Bengaluru police have rejected the complaint saying it is non-cognizable.
Sheikh Zia Nomani, spokesperson of All India Majlis-e-Ittehadul Muslimeen (AIMIM) and Karnataka Bandhua Mukti Morcha president had filed a complaint at the Sanjaynagar police on Wednesday, seeking action against Moger for defaming a community and invoking communal hatred and violence.
Moger had tweeted that the fruit business was “monopolized by Muslims who spit on fruits and bread before selling it and asked Hindus to buy fruits only from vendors of their community.
Speaking to THG, Nomani said, “What Moger is an economic boycott of Muslims. If you openly call for an economic boycott of any community, it is genocide. He has called for the genocide of Muslims. I’m not saying this. The Geneva convention article 2 of the United Nations states this.”
“If any Muslim had made such calls, the police would have immediately booked him under the UAPA (the anti-terrorism law),” he said.
In a Facebook post, Nomani who is an engineer by profession had said that he, along with one Lawyer, two Paralegals Khizer E Alam and Waseem Raja had struggled to file an FIR against him. But Sanjaynagar police allegedly tried to convince him that everyone has freedom of speech and said that “the accused party may react and the situation can turn volatile. “
On April 7, Nomani and others had met Bengaluru city police commissioner Kamal Pant in his office. Pant gave them a sealed envelope, asking them to meet the deputy commissioner of police (North). DCP Vinayak Patil told them he would look into the complaint and take appropriate action.
Meanwhile, the Sanjaynagar police told him that they will take legal opinion for his complaint against the Hindutva member.
Inspector Balraj of Sanjay Nagar police station told THG, “We acknowledged the complaint and according to the legal advice, we can’t file an FIR in this because the offense is non-cognizable. If they have any issue, they can reach out to the high authorities and file a private complaint in the High Court.”
As the police have termed their complaint as non cognisable for FIR, the activists will file a private complaint in the magistrate court on Monday.
The AIMIM spokesperson told THG, “After much delay, the police took legal opinion and rejected our FIR saying it’s noncognizable. We’ll move to magistrate court and file a private complaint. We hope to get justice there. We have full faith in our constitution.”
In a press release on Friday, Law, and Policy Research Institute founder Zia Nomani has mentioned that they are deeply disappointed as the Police Department has failed to lodge an FIR while the offenses are prima facie cognizable.
“We believe this is due to tremendous political pressure under which the police department has been functioning over time. We call upon the department, and concerned officers to ensure the independence of its force which is extremely vital to maintain law and order and ensure a safe environment for the citizens. And it is time that the members of the society recognize and seek an independent and transparent police force, free from any political interference, in whatsoever manner,” the release said.
Nomani along with his team said they have faith in the judicial system and “believe that the members of the society will no longer tolerate such fringe elements to dictate our emotions and misguide the future generations into abyssal and a dark future.”
They called upon members of the society to come forward to conserve and protect the constitution and the values that it professes to ensure a safe and bright future for the generations to come.
“United we stand, divided we fall,” they added.