Citizens for Justice and Peace, Mumbai

 

 

March 28, 2013

 

To

Shri Wajahat Habibullah

Chairperson

National Commission for Minorities [NCM]

New Delhi

 

Dear Sir,

 

As you may be aware our organization, the Citizens for Justice and Peace (CJP) has been giving active legal aid to the victims of the 2002 Gujarat Carnage and is a Mumbai based organization devoted to promoting inter0community harmony as also upholding the fundamental freedoms guaranteed under the Indian Constitution.

 

We wish to bring to your attention three separate incidents of Attacks on the minority community’s right to conduct a business in separate locations in Gujarat over the past month :-

 

Physical Prevention of Shri Mustufa Ismailbhai Patel from conducting his business of running the Jyoti Hotel on the Viramgam highway since 9.2.2013 despite he being compelled to “pay” for protection;

http://muslimmirror.com/eng/on-11th-gujarat-riot-anniversary-minority-businesses-burnt-in-vadodara/[On 11th Gujarat riot anniversary, minority businesses burnt in Vadodara…]

 

We urge that you look into these cases seriously.

 

Specifically, we wish to bring to your notice the case of Shri Mustufabhai

Ismailbhai Patel, an hotelier who has forcibly prevented from conducting his business on the Viramgam highway where he had been running the Jyoti Hotel, a vegetarian Restaurant since 1991, has been prevented from doing so due to lawlessness and aggression by one Dashrath Ajmalbhai Gohil since 9.2.2013.

 

Shri Mustufabhai Patel sent applications for help and protection to the concerned police authorities regarding the incident occurred on 9-2-2013 then after Mustufabhai tried to open his hotel on 23-02-2013 but on all occasions Dashrath bhai gathered a big mob of 100 to 150 Hindu people and used to create communal tension and hence he could not open his hotel on 23-02-2013 then Mustufabhai after contacting us and my speaking to the S.P.(DSP, Ahmedabad District) to help to open the hotel upon assurance by S.P. Mustufabhai went with his hotel staff on 04-03-2013, again on that day communal tension was created gathering mob by Dashrath bhai. Repeatedly I tried to contact the SP that day.

 

Finally, Mustufabhai’s hotel administrator Mohsin Dilavar Ghanchi filed a complained before magistrate on 06-03-2013 which was sent for investigation to the police under section 202 of CRPC and magistrate also ordered police to provide the police protections upon payment of usual charges. Mustufabhai paid Rs 26400/- to the police.

 

The police expressed helplessness when Shri Gohil with an armed mob came to attack the complainant accompanied by the Police. Shri Mustufabhai Patel has recorded the threats, intimidation and conversations on the CCTV camera that reveal that complete lawlessness rule there. Further, the accused uses the influence of a relative who is a government employee to claim complete impunity. (Please refer to conversations on the CD transcripts of which are enclosed).

 

The accompanying documents, including the Civil Suit No 33/2013annexed with this Memorandum are self-explanatory. We also enclose the English Transcripts of the CD captured on the CCTVs making the threats.

 

After threatening, abusing a bullying the complainant to increase the rent to as much as Rs 15,000/-,the accused obviously wishes to intimidate him to stop carrying this business. This appears to be a desire clearly to intimidate a member of the minority community in Gujarat. It is shocking and surprising that despite the Court Commission holding in Shri Mustufa Patel’s favour, the local police continue to plead helplessness. Shri SM Vohra advocate for Shri Patel had to lodge private complain before magistrate for not allowing to open the hotel even with the help of police protection and Dashrath bhai gathered the mob and created communal tension in the presence of police. Police force was totally inactive, this complain case no 10/2013 was sent to DYSP under 156(3) of CRPC for investigation by the magistrate.

 

The harassment that first began from 1.4.2012 and has now reached astounding proportions. The physical intimidation and threats by persons armed with weapons as also the mental torture of a hotelier from the minority community and the ambivalence of the state police to effectively intervene has led us to bring this case to you.

Since 9.2.2013, this peace loving businessperson from the minority community, has been forced to close down the hotel. The offender in this case, Shri Gohil has taken law into hands having licensed Revolver and is clearly powerful enough to influence and intimidate the local police. Shri Patel fears that he may forcibly take over possession of the hotel.

Sir, we draw attention to Criminal Case No 10/2013 filed by Shri Mohsin Dilawarbhai Ghanchi against Dasrath Gohil, Manoj Gohil and others. On 13.3.2013 after a lengthy hearing before the Learned Magistrate at Viramgam an inquiry was ordered by the Additional Civil Judge and Judicial Magistrate, Viramgam

The following is his Order:

      “Heard. Keeping in view the submission of the complainant, facts of the complaint and the documentary evidences, in this case earlier also, there had been disputes between both the parties and in the said context, Cri. Enq. 9/2013 has been filed. In the said matter, this Court passed order for police enquiry and police protection under Cr.P.C. 202. Thereafter, documentary evidences were submitted with the list. Keeping in view the photographs and other documentary evidences, the incident mentioned in the compliant has taken place subsequently. Further it appears prima facie that the incident took place in the presence of Viramgam Rural Police. In the said complaint serious allegations have been leveled. So it is absolutely necessary that the matter should be enquired into courageously and impartially and appropriate police enquiry at the level of higher police officer should be conducted in the case. Therefore, on the present complaint, orders as hereunder are hereby passed:-

                                               

ORDER

 

The said complaint be taken on the criminal Enquiry Register and it is ordered that the matter be sent for enquiry under Cr.PC. 156(3).

 

Further, Dy.S.P. –Viramgam Rural shall carry out the complete enquiry of the said case by himself and he shall submit his detailed written report immediately and on or before 26/03/2013 but on this day police asked time of one month for more investigation and court granted time up to 18-04-2013.

On production of the copies of the complaint and the documentary evidences memo be sent to the Dy.S.P., Viramgam Rural.”

 

Despite this Investigation being Ordered by the judicial authorities, there is no security and guarantee for the complainant, Shri Mustufabhai Patel to carry out his business pointing to a state of lawlessness and insecurity prevalent for a business person from the minority community in Gujarat. Sir under Section (c), (d) (e) and (g) of the National Commission of Minorities Act we urge that this case be taken up and monitored by the NCM. Without such monitoring by the NCM, the person, Shri Mustufabhai Patel fears that he will be run into debt and bankruptcy by being unlawfully compelled to give up a successful business of running the Jyoti Hotel on the highway that he has singlehandedly developed since 1991. There have been instances of such coercive and forcible take over of minority businesses which is a gross impingement on their rights in a free country.

 

We urge that the National Commission of Minorities looks into this case under its powers especially.

 

Yours Sincerely,

 

 

Teesta Setalvad

Secretary

 

Annexures:

1. Civil Suit No 33/2013

2. Criminal Case No 9/2013

3. Order of protection by Magistrate

4. Criminal Case No 10/2013

5. DVDs

6. Transcripts of DVDs