Govt. of India National Commission for Minorities Lok Nayak Bhawan, Khan Market, New Delhi-3

Transcription

1 Govt. of India National Commission for Minorities Lok Nayak Bhawan, Khan Market, New Delhi-3 Respondent: Shri S. V. Ranganath, Chief Secretary, Govt. of Karnataka File No. Misc/KT/81/49/11-NCM The Bench of the NCM meeting on consisted of: i. Shri Wajahat Habibullah, Chairperson ii. Dr. H.T. Sangliana, Vice Chairperson 2. Joint Secretary and Legal Officer, NCM assisted the Bench. Brief record of the hearing held in Conference Room of the National Commission for Minorities held at A.M. on Present: Shri S. V. Ranganath, Chief Secretary, Principal Secretary Home, and Director General of Police, Govt. of Karnataka were present through video Conference at NIC Centre, Bengaluru. 4. The Commission took cognizance of the cases pending with the Government of Karnataka. A list of such cases was supplied vide letter dated with directions to provide replies/final replies of the respective cases, but the reports had not been received from the State Government within the specified time or, in some cases, not at all. 5. Each listed case was then discussed: i) Chief Secretary Shri Ranganath submitted that in respect of the case at serial no. 1 Pastor Suresh in his statement in court has stated that he has no complaint against any offending party. The case in the court has ended in acquittal. Respondent however submitted that the detailed report will be sent by the second week of September However, the report in this case has been received on and will be examined in the individual file. ii) In respect of case at serial no.2 respondent Chief Secretary stated that the report has already been sent to the Commission; he further stated that there are no irregularities by the police. However, the detailed report will be submitted. iii) In respect of case at serial no.3 it was stated by the Chief Secretary that the Supreme Court was seized of the matter of illegal mining in Bellary. M/s Ranka International was one of the companies under investigation before the Supreme Court 1

2 monitored Centrally Empowered Committee. Khasra no.8 is encroached upon, but it has to be determined from revenue records whether it belongs to the Church or Forest Department. He however submitted that the report will be sent by second week of September iv) In respect of the case at serial No.4 respondent submitted that on receiving the complaint a case was registered but the parties to the dispute have arrived at an out of court compromise. v) For the case at serial no.5 the Chief Secretary submitted that a detailed report will be sent after the hearing. vi) For the case at serial No.6 it was submitted by the Chief Secretary that the matter was referred to the CBCID who filed a 'C' report and the matter is pending in Court. The DGP Karnataka has referred the matter to the Legal Cell for their advice. vii) With regard to case at serial no.7 Chief Secretary submitted that the problem started with the decision of widening the road which came up against some portion coming in the way of widening the road. However, on receiving a representation an order maintaining the status quo order was issued by Government. He further stated that the Urban Development Department was asked to examine whether there can be realignment so that the portion obstructing widening of the road can be protected. The report is to be sent with in 15 days. viii) With regard to representation of Shri B.K. Chaudhary, Chairman, Jamat-e-Noor Hasid, Bagalkot at serial no.8, it was submitted by the Chief Secretary that in 2002 Bagalkot town was submerged in the Almatti Reservoir. Initially rehabilitation centers were established in temporary sheds in open land adjacent to sectors 46, 47 & 48. In 2006 temporary sheds were demolished after construction of permanent houses in the site allotted to them in different Sectors. To allow community prayer by the Muslim community permanent structures were built in sectors 44 and 48. There is one Masjid in sector 44 and two Masjids in sector 48 at a distance of 300 meters from sector 46. ix) On the representation of Pastor Vinod Chacko at serial no.9, it was submitted by Chief Secretary that a complaint against Pastor Vinod was filed by a Hindu Organization, which, after investigation by the police was found false and the case was closed. x) With regard to News Clippings regarding murder of a Catholic Priest at serial no.10, the Chief Secretary submitted that the report will be sent by the second week of September, after the DGP personally satisfies himself. 2

3 xi) With regard to the complaint of Shri Faizal Khan, Bengaluru at serial no. 11, it was submitted by the Chief Secretary that the report had been received by the DGP but, along with cases at nos. 10 & 11 a report will be submitted by the DGP by the second half of September, 2012 after satisfying himself on the report that he had received. xii) With regard to complaint of Shri Abdul Khadar of Dharwad regarding stopping construction of a school building at CTS No. 25/C, it was submitted by the Chief Secretary that the land was given for an Urdu School under Sarva Shiksha Abhiyan. Reports establish that it was not a graveyard. The matter is, however, sub-judice. xiii) With regard to complaint of Shri Jamal Ahmad Shariff regarding illegal detention in violation of human rights at serial no.13, it was submitted by the Chief Secretary that Shri Shariff has filed the complaint before the Commission as a preemptive measure. He is a history sheeter and it was requested that the Commission close the case. xiv) With regard to representation of Shri A. Atiqullah-Khan, Mysore regarding unlawful arrest and physical torture by the police at serial No.14, it was submitted by the Chief Secretary that a report was sent by the State Government in May 2012, to which NCM responded. NCM is awaiting a rejoinder. xv) With regard to complaint of Sh. Shereyar Vakil, regarding allotment of seat for Parsi students in Engineering and Medical Colleges and nomination of a Parsi Member in the State Minorities Commission at serial no.15, it was submitted by the Chief Secretary that the reservation of seats in the engineering and medical colleges is done on the basis of report of the Backward Classes Commission. The Parsis are not identified as socially and economically backward by the Backward Classes Commission. It was further submitted by the Chief Secretary that at present there is no issue pending with regard to the grievance of the Parsi Community. With regard to the nomination of a Parsi member on the State Minority Commission it was submitted by the Chief Secretary that the strength of the Members of the State Minorities Commission had been increased from six to eight. However, the number of Parsis is negligible in the State. Therefore, it is not possible to nominate a representative of the community as Member. xvi) With regard to a complaint regarding attack on Muslim Minorities in Bantawal Dakshin Kannada Mangalore at serial no.16, it was submitted by the Chief Secretary that the incident occurred on the occasion of Vijaya Utsava of the newly elected M.P. where the houses of three Muslims were targeted and damaged. He further submitted that the compensation has already been paid to the three victims. On the basis of quantum assessed by the Tehsildar, cash relief was also paid to the victims. 3

4 xvii) With regard to complaint of S.R. Rose Celine B.S. St. Therasa's School, Bangalore regarding attack on the school, it was submitted by the Chief Secretary that after the investigation of the incident by the police, C report was filed. However, the DGP after review will file a report to NCM by second week of September xviii) With regard to complaint of Sh. Kareem Qadri, Gulbarga regarding harassment and threat to life, it was submitted by Chief Secretary that prior to the hearing the matter was discussed with DGP. DGP will review the report submitted by the police and come back to the Commission by the 2nd week of September xix) With regard to the complaint of Rev. Bernard Moras Archbishop of Bangalore, appealing to the public authorities including MLAs and MLCs to desist from making inflammatory statements, it was submitted by the Chief Secretary that after receipt of the letter of Chairperson, NCM to the Chief Minister, Home Minister and Law Minister of the State the matter has been taken up appropriately. xx) With regard to the complaint of Shri Shabeer Khan regarding action by the Karnataka Police in the case of murder of Mohammed Hussain at serial no. 20, it was submitted by the Chief Secretary that the DGP will satisfy himself on the police report, after which he will send a final report to NCM by second week of September xxi) With regard to the complaint of Shri Ambrose of St. Mary's Prayer Association regarding attack on church in Mangalore at serial no. 21, it was submitted by the Chief Secretary that a report will be submitted in two to three weeks. xxii) With regard to the Tour Report of Vice Chairman, NCM, who visited the State between February 2012, on damage by fire to the Russell Vegetable Market, it was submitted by the Chief Secretary that there were 174 shops at Russell Vegetable Market which were incinerated due to an electric short circuit. The shopkeepers were provided temporary accommodation in Shivaji Nagar stadium nearby and the government has decided to construct a model market complex. Compensation has already been paid to the shopkeepers. xxiii) With regard to the extract of EFI news regarding arrest of Pastor in Ankola and stoppage of prayer meeting in Vijaya Nagar, Bangalore at serial no.23, it was submitted by the Chief Secretary that on the complaint of a group of people belonging to the Hindu community of alleged forcible conversion by Pastor K. Manohar, a case was registered and charge sheet has been filed. Regarding stoppage of prayer meeting in Vijaya Nagar, the matter was amicably settled and may be treated as closed. xxiv) With regard to the complaint of Shri Y.J. Rajendra regarding attack on Principal and students of St. Joseph s by ABVP activists at serial no.24, it was submitted by the 4

5 Chief Secretary that a detailed report will be sent by the second half of September xxv)/ xxvi) With regard to the complaint of Joseph Dias and Pastor I.D. Prasanna regarding attacks on Christian community and churches at serial no. 25 & 26 respectively, it was submitted by the Chief Secretary that a detailed report will be submitted by the DGP. xxvii) With regard to the complaint of Shri Rajnikanth R. Dhawle, Shimoga regarding harassment caused to him in respect of land, it was submitted by the Chief Secretary that the complainant was in the appeal preferred before the appellate authority allowed partial conversion. The complainant has further asked for conversion to a petrol pump. The matter is sub-judice and pending in a local court. xviii) With regard to the complaint of Shri Haleelulla, Bangalore regarding discrimination in promotion by the Vijaya Bank at serial no.28, it was submitted by the Chief Secretary the Vijaya Bank is a PSU, hence outside the State s jurisdiction. xvix) The case at serial no. 29 does not pertain to the state of Karnataka. xxx) With regard to the complaint of Shri Lateef Bidar regarding harassment and torture at serial no.30, it was submitted by the Chief Secretary that the detailed report will be sent by the second half of September Discussion: 6. The Commission expressed its displeasure that the Govt. of Karnataka had not sent action taken report on as many as 29 complaints sent by the Commission despite several reminders. The Chief Secretary expressed his government s high regard for the Commission and assured the Commission that instructions will be sent to the authorities concerned to send reports at the earliest. He pointed out that in many cases reports had been sent. 7. Concerned over the proliferation of complaints from the minorities in Karnataka, the Commission advised that in cases which ended in acquittal of those suspected of harassment, miscreants should be warned and an undertaking of good behavior taken. In all cases of alleged harassment which have been resolved or the police have been given a clean chit, the complainant should be called by the senior police officials and convinced of the impartiality of action taken by the police. 5

6 8. It was also suggested by the Commission that minorities vigilance cell should be created at department of home and minorities welfare department and DGP office, as is the practice in several States. Decision Notice: 9. In the case at S, No, viii) above the Commission directed the Chief Secretary to take people of the area into confidence so that they are reassured that their problems have been addressed. Similarly, in the case at S. No ix) above the Commission advised the DGP to call Pastor Vinod Chacko and inform him of the closure of the case. Action may also need to be initiated against those that had made malafide allegations, which proved unfounded. 10. On the question of Parsis discussed at S. No xv) above, Chief Secretary was advised to inform the State Minorities Commission to seek the advice of representatives of the Parsi community whenever an issue regarding that community arose, and to remain in communication with the community, whose number in Karnataka as reported is small. 11. It was decided that the report as and when received from the State Government will, as promised be examined expeditiously in the individual files and will be placed before the Commission for a decision within the targeted time. Sd/- (Wajahat Habibullah) Chairperson Sd/- (Dr. H.T. Sangliana) Vice Chairperson Authenticated true copy. Additional copies of order shall be supplied on application. Ms. Esther Kar (Jt. Secretary)