Khambhat clashes on Ram Navami: Four Muslim residents seek transfer of probe to CID or CBI, compensation

Noting that two FIRs were lodged at Khambhat city police station on April 10 in the aftermath of the incident, the petitioners submitted that all those arrested till date “belong to one section of society namely the minority”, and that the investigation has been “one-sided based on religious consideration and religious bias”. It was contended that all arrests were made on the first FIR and none on the second FIR.

The first FIR was lodged under IPC sections 143, 149 (unlawful assembly), 147 (rioting), 337, 338 (hurt and grievous hurt caused due to rash or negligent action), 307 (attempt to murder), 332 (voluntary hurt to public servant), 120B (criminal conspiracy) and 302 (muder). More than 30 arrests were made in relation to this FIR, the petitioners submitted.

The second FIR was initially lodged under IPC sections 143, 149 (unlawful assembly), 147 (rioting), 337 (hurt caused by rash or negligent act) and 504 (intentional provocation to break public peace), and on April 27, offences under IPC sections 435, 436 (mischief by fire), 447 (criminal trespass) and 427 (commits mischief causing loss or damage to the amount of fifty rupees or more) were added.

“Every day a new arrest is being made in the first FIR whereas in the second FIR, nothing happens… the same police investigating both the FIRs deliberately, consciously, in a mala fide manner… don’t take any action with respect to offences arising out of second FIR. Therefore, the investigation is biased, manifestly arbitrary, grossly discriminatory,” the petitioners stated in their plea, filed through advocate Anand Yagnik.

They pointed out that the local police has shown its “religious bias” and that police “directly and indirectly encouraged the mob”.

Seeking a transfer of investigation to “state CID Crime or to CBI”, the petitioners also sought the court’s directions to initiate “departmental, civil and criminal action against erring officers responsible for non-transparent, unfair, discriminatory treatment in connection with both the FIRs”.

The petitioners have also sought court’s intervention to direct immediate arrest of accused persons in relation to the second FIR, which names the leaders of the Ram Navami procession. It was pointed out that despite the availability of visual media , “investigation is not adequately and satisfactorily being carried out”.

The petitioners also sought addition of IPC sections 153A (promoting enmity between different groups on grounds of religion, race, etc.), 153B (imputations, assertions prejudicial to national-integration) and 295 (Injuring or defiling place of worship with intent to insult the religion of any class), among others.