Leader of Opposition in the Lok Sabha Rahul Gandhi has been booked in Haldwani, Uttarakhand, under provisions of the Bharatiya Nyaya Sanhita (BNS) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The FIR was lodged on Sunday, a day after Gandhi urged Prime Minister Narendra Modi to order an FIR over a “shuddhikaran havan”, or purification ritual, held at Ramlila Maidan in Haldwani.
The event has caused a political clash between the Congress president Mallikarjun Kharge, Gandhi and the Uttarakhand Chief Minister Pushkar Dhami. The FIR against Gandhi was lodged after a complaint was filed by Amit Kumar, a 26-year-old resident of Jawahar Nagar Colony in Haldwani.
What Triggered the Haldwani ‘Purification’ Row?
The debate started with the President of the Congress Mallikarjun Kharge speaking at a rally at Ramlila Maidan in Haldwani on August 8. Kharge is a Dalit leader, too.
On August 11, three days later, a cleanliness drive and a religious rite was conducted at the same place. The ceremony was then the focus of a political controversy, with claims of it being associated with cleansing the place after Kharge gave his rally.
The cited relation between the ritual and the rally of Kharge has been controversial and cannot be considered an undisputed fact. According to Kumar’s complaint, the cleanliness drive and religious ritual had no connection with any individual or caste.
What Rahul Gandhi Said
Gandhi discussed the problem in a New Delhi press conference, August 29. He termed it as a crime and mentioned that it depicted the untouchability of Dalits in India.
He further accused that the event revealed what he termed as a BJP-RSS mentality. Gandhi reiterated that Congress desired an FIR to be filed under the SC/ST Act against the offenders who were behind the Haldwani ceremony.
Why Was Rahul Gandhi Booked?
The Indian Express has reported a FIR against Gandhi based on a complaint made by Amit Kumar on Sunday according to the police confirmation.
In his complaint, Kumar, 26, claimed that he belongs to the Valmiki community. He claimed that he and other Scheduled Caste members had attended the cleanliness movement and religious ceremony on August 11 at Ramlila Maidan.
The incident was not related to any person or caste as Kumar complains. He accused Gandhi of making his comments regarding the ceremony without checking and termed it as an act related to untouchability and a crime against Scheduled Castes.
Kumar also accused Gandhi of saying that those who took part in the ceremony were individuals who practised untouchability and were anti-Dalit. He further argued that the enmity and tensions between communities had been on the rise after the allegations made by Gandhi.
Such assertions are claims in a complaint that have not been given in the report as settled facts.
Sections Mentioned in the FIR
The FIR refers to two provisions of the Bharatiya Nyaya Sanhita and a provision of the SC/ST Act.
BNS Section 196: The section mentioned in the FIR relates to the encouragement of hatred among various groups based on factors such as religion and race, and acts which are hostile to the preservation of harmony.
BNS Section 299: This section involves intentional and willful actions that are aimed at offending the religious sentiments of a group of people by offending their religion or religious convictions.
SC/ST Act Section 3(1)(Q): The clause that has been reported in the FIR relates to the provision of false or frivolous information to a public servant, which causes the public servant to exercise his/her powers in a manner that will cause harm or annoyance to a member of a Scheduled Caste or Scheduled Tribe.
The legal foundation on which the complaint was turned into an FIR is registered in these sections. It does not alone prove the alleged offences that Gandhi committed.
Police Confirmation
Superintendent of Police, City, Haldwani, Manoj Kumar Katyal confirmed to The Indian express that the FIR against Gandhi was filed on the complaint of Amit Kumar.
The police confirmation forms the immediate basis of the Rahul Gandhi Haldwani FIR as reported by the newspaper: the complaint based on which was made by Kumar on Sunday.
Pushkar Dhami’s Response
Chief Minister of Uttarakhand Pushkar Dhami had reacted to the controversy on Saturday, after the comments by Gandhi.
Dhami described the Congress as a “mudda viheen”, or “issue-less”, party. He also said that the people who conducted the havan were not BJP workers.
His remarks introduced a new political angle to the debate over Haldwani purification ritual.
What Happens Next?
The FIR is the start of a legal procedure in regard to the claims contained in the complaint. The parts cited by the police will be part of that process and the accusations brought out by the complainant are just accusations unless they are proved by the proper legal process.
The FIR against Gandhi is also based on his personal request that the police take action against the Haldwani ceremony, which introduces the political conflict into a legal sphere. Both the case against Gandhi as well as the charges against the August 11 ceremony should not be regarded as a legal verdict of guilt or mischief.
Final Thoughts
The Haldwani purification row has become a legal and political controversy with an August 11 cleanliness exercise and religious ceremony at Ramlila Maidan the subject of conflicting claims. On August 8, Congress president Mallikarjun Kharge had addressed a rally at the venue and Rahul Gandhi subsequently termed the controversy as an untouchability-related issue and demanded an FIR under the SC/ST Act.
An FIR was lodged against Gandhi a day following this demand after Amit Kumar filed a complaint on the provisions of the BNS Sections 196 and 299 and Section 3(1)(Q) of the SC/ST Act. Uttarakhand Chief Minister Pushkar Dhami has dismissed the political aspect of the controversy, and indicated those who performed the havan were not BJP workers.
The case has been left to the legal procedure started by the FIR and the accusations on either side must be distinguished by the proven facts.
