SC slaps notice on Maha govt for failure to protect North Indians


Posted: Tuesday, Nov 11, 2008 at 2356 hrs IST
Updated: Tuesday, Nov 11, 2008 at 2356 hrs IST


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New Delhi, Nov 10: The Supreme Court on Monday issued notice to the Maharashtra government for its alleged failure to take effective steps for protecting north Indians and non-Marathis in the wake of an alleged hate campaign launched by Raj Thackeray-led MNS.

However, the apex court rejected the plea for holding a judicial inquiry into the killing of Bihari youth Rahul Raj in a controversial police encounter and the murder of a Uttar Pradesh resident in Mumbai train in October.

The orders were passed by a Bench, headed by Chief Justice KG Balakrishnan, which was hearing two separate PILs relating to the recent violence allegedly unleashed by the MNS in Maharashtra and subsequent reactions and protests in other states like Bihar and Jharkhand.

The response from Maharashtra government was sought after it was alleged by advocate Sugrive Dubey that the state police remained a mute spectator when two north Indian doctor brothers— Ajay (35) and Vijay (33) Dubey —were recently killed by a mob on provocation by Raj Thackeray.

Dubey, who was appearing for Delhi-based trader Salek Chand Jain, said attacks on north Indians allegedly by the MNS have led to a chain reaction elsewhere in the country and threatened to destroy the nation’s unity and integrity.

The Bench did not pass any direction against the Union home ministry though the counsel contended that there was a constitutional crisis in the state and the Centre remained a mute spectator without preferring to exercise its power under Article 355 of the Constitution. Dubey had to labour hard for convincing the apex court to issue the notice to Maharashtra government as the Bench initially was of the view that the allegations in the petition were not clear.

However, when the advocate repeated the incident of lynching of young doctor brothers from Jaunpur in Uttar Pradesh on which the state police has not yet registered an FIR, the Bench preferred to issue notice only to Maharashtra government leaving out the Centre and the Bihar government which were also named as respondents in the PIL.

Before passing the order, the Bench had told the counsel that it was not undermining the claims made by him but there was a need to make such submissions clear in the petition.

The counsel even claimed that Bhojpuri and Tamil speaking people were allegedly being thrown out of local trains.

Hours after entertaining the PIL by Jain, the Bench rejected another PIL related to the violence against the north...

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