Communal hate speech: Karnataka court leaves onus on police regarding arrest of VHP leader Sharan Pumpwell

During an event organised by right-wing Hindutva groups, VHP secretary Sharan Pumpwell alias Sharan Kumar claimed in a speech that the killings of Muslims in Gujarat in 2002 and a recent murder of a Muslim youth in the Dakshina Kannada district of Karnataka were displays of Hindu power. Pumpwell has been accused of attempting to disturb peace in the Tumkur region.

The Tumkur town police, on the basis of a complaint by a resident, Syed Burhanuddin, on January 30 registered a First Information Report (FIR) under section 295 A of the Indian Penal Code (IPC) for outraging religious feelings.

The court has said section 295 A attracts three years in prison.

“If granted bail there are chances of Pumpwell making speeches again in the public to destroy the public peace,” the court said while indicating that it was up to the Tumkur police to decide if they need to arrest the VHP man after he provides a statement to them.

Pumpwell on January 28 claimed that a Muslim youth (Mohammed Fazil) was killed in Surathkal on July 28 last year to avenge the murder of BJP youth leader Praveen Nettaru on July 26 and that the killings of Muslims in Gujarat in 2002 were a reaction to the deaths of 59 karsevaks in a train fire.

“In response to the murder of Praveen Nettaru, youths in Surathkal killed a man not in an isolated place but in an open market. This is the power of Hindu youths,” he claimed during an event organised by the VHP and Bajrang Dal.

“59 karsevaks were killed but the count of the number of people killed (in Gujarat) as revenge is still not available. It is estimated that around 2,000 people were killed. This is the bravery of Hindus,” Pumpwell said at the meeting.

Two days after the speech a complaint was filed by a social worker Burhanuddin over the incident. The FIR states that Pumpwell has claimed that “Hindutva factories have been established in every district” of Karnataka and that Hindutva cadres were ready to go to any extent to protect the Hindu religion.

“This kind of speech is being made frequently in Tumkur with the intention of disturbing the peace and creating insecurity in some communities. Our Tumkur is a peaceful place known for its saints, sages and farmers. Hindus, Muslims, Jains and people of other communities live together in peace in Tumkur. These events by these organisations disturb the peace and action should be taken against them as per law by registering an FIR,” the social worker said in his police complaint.

The father of the youth Mohammed Fazil, 25, who was killed in Surathkal in Mangaluru has also given a memorandum to Mangaluru Police Commissioner N Shashikumar seeking an in-depth investigation into the murder of his son on account of the statement by Pumpwell who hails from the Mangaluru region.

“On July 28, 2022, my son Fazil was murdered by miscreants in an open marketplace. In this connection, a case was registered at the Surathkal police station. During investigations, eight people have been arrested and a chargesheet has been submitted to the court. I have been requesting a thorough inquiry to find the mastermind behind my son’s murder but I have not received any reply,” Ummar Farooq, Fazil’s father, told the Mangaluru police.