SC questions Maha Govt on violence against north Indians

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 last month. The orders were passed by a Bench, headed by Chief Justice K G 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 Ministry of Home Affairs though the counsel contended that there was a constitutional crisis in the state and the Center remained a spectator without preferring to exercise its power under Article 355 of the Constitution to give necessary instructions to the state authorities Dubey had to labour hard for convincing the apex court to issue the notice to Maharashtra government as the Bench, also comprising Justices P Sathasivam and J M Panchal, 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 in his oral submission 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 Indians in Maharashtra in which a judicial inquiry was sought into the gunning down of Patna youth Rahul Raj and the murder of a resident of Faizabad in UP, Dharam Dev Rai, who was beaten to death in a local train in Mumbai. "Your prayers cannot be granted. Your plea for judicial inquiry is not possible," the Bench said and also rejected the plea for cancelling the bail granted to Raj Thackery by various courts and shifting the cases relating to violence against him outside the State. Advocate Sanjeev Kumar Singh had filed the PIL claiming that he was compelled to approach the Supreme Court as the authorities in Maharashtra had failed to respond to his request for providing adequate protection to north Indians in the state. Rahul Raj, a 23-year-old resident of Patna, was killed in a shootout in a BEST bus on October 27 and a day later Dharam Dev Rai (25), a resident of Faizabad in UP, was beaten to death in a local train in Mumbai. However, the PIL by Jain had said that following the MNS attacks, the Jharkhand Chief Minister had announced that he would not permit the rich mineral resources of the state to be transported to any part of the country. He claimed the threat, if carried out, would seriously affect the country's development as 60 per cent of the mineral resources originated from Jharkhand. Pointing towards the attack on Maharashtra Sadan in the Capital by protesters recently, the petitioner justified the argument that if stern action was not taken against those espousing regional chauvinism it would seriously endanger the country's unity and development Maha Govt to give detailed reply to SC notice: Patil Maharashtra government would reply to the Supreme Court over the government's alleged failure to take effective steps for protecting north Indians and non- Marathis in the wake of a hate campaign allegedly launched by Raj Thackeray-led MNS, Deputy Chief Minister R R Patil said in Mumbai on Monday. "We will give our detailed reply... explain our position. Let us first receive the notice", Patil, who holds the Home portfolio, told reporters. The law and judiciary department would be asked to prepare details on the issue, he said. While issuing the notice, the apex court today 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 a train last month. The orders were passed by a Bench, headed by Chief Justice K G Balakrishnan, which was hearing two separate PILs. relating to the recent violence in the state allegedly unleashed by the MNS and subsequent reactions and protests in other states like Bihar and Jharkhand

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