The FIR was registered on Sunday under sections of unlawful assembly, obstructing the duty of public servants and promoting enmity, based on a complaint from a police officer who was deployed in Kotdwar at the time of the incident.
Kumar was at his friend’s shop in Pauri Garhwal on January 26 when he overheard several men heckling and threatening the shopkeeper next door, Vakeel Ahmed, over using ‘Baba’ in his shop name. Upon enquiring about the matter, Kumar, who runs a gym in the area, was asked not to intervene.
In a video of the incident, Kumar confronts the mob and asks why others can name their shops Baba but not Ahmed. “The shop is 30 years old, will you change the name?” he asks the crowd. Asked what his name is, Kumar replies, “My name is Mohammad Deepak.”
He told The Indian Express he gave that name since “I intended to convey that I was an Indian and everyone was equal before the law”.
According to the complaint by a sub-inspector, around 2 pm on Saturday, the police received information that some people were assembling to confront Kumar at his gym and also assemble at Baba Dress shop.
A group of 40 people eventually gathered near his gym and sloganeered against Kumar, who told officials that he fears for his family’s safety.
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The protesters also blocked the national highway, obstructing traffic.
The complaint by sub-inspector Vinod Kumar states, “Keeping law and order in view, when I reached the barrier, about 30-40 people arrived in 12–15 vehicles, raising slogans. When they were stopped for inquiry, they raised slogans, stopped their vehicles on the road, created a traffic jam, and began sloganeering using words that hurt religious sentiments,” the complaint stated. The officer said he informed senior officials and sought additional police force.
According to the FIR, the group intimidated police personnel, removed the police barrier, and, while raising slogans, ran towards Kotdwar market. “The group then reached Baba Dress shop and started raising slogans in front of the shop and used abusive language while spreading religious frenzy,” the FIR quoted the officer as saying.
When the police dispersed the group from the area, they regrouped near Malviya Udyan, in front of the Municipal Council on the National Highway, where they sat down on the road, blocked traffic, and became aggressive, the report states.
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“They blocked the road for about an hour and obstructed the National Highway, due to which the movement of the general public, vehicles, and ambulances was affected. By raising religious slogans, they attempted to disturb communal harmony, and created an atmosphere of disorder. They were repeatedly asked to leave, and an atmosphere of fear and panic prevailed among passers-by,” the FIR states.
“Information has been received that most of them had come from Dehradun and Haridwar, and that they were claiming themselves to be members of the Bajrang Dal,” the FIR states.
Pauri Garhwal Senior Superintendent of Police Sarvesh Panwar said the FIR was registered as police personnel were present at the spot and had witnessed the incident. “We have registered an FIR on the complaint of the shopkeeper regarding the initial dispute. If Deepak Kumar has filed a complaint, it will be incorporated into the same FIR,” he said.
Panwar said an investigation is underway and police have started identifying those involved using video footage. “A team has been delegated for this. Security has been strengthened by deploying additional personnel in Kotdwar. Police are in touch with both parties and are appealing to them to maintain communal harmony. We were informed that some outsiders might attempt to enter the area again, based on which additional forces have been deployed,” he said.
Leaders of the Bajrang Dal were unavailable for comment.