Uttarakhand resident Deepak Kumar has moved the High Court challenging the case against him and requesting a departmental inquiry against police officers who allegedly failed to act against hate crimes, The Indian Express reported on Wednesday.
Kumar and another person booked in the matter, Vijay Rawat, contended that the first information report filed against them is partisan.
The case against Kumar and Rawat was filed in late January. The two Hindu men had opposed the harassment of an elderly Muslim shopkeeper by alleged Bajrang Dal members in the Pauri Garhwal district.
A mob had on January 26 arrived at the shop of Vakeel Ahmed, objecting to him using the word “Baba” in the name of his shop. Kumar, a gym owner, and Rawat objected to the mob’s actions, after which they were asked not to intervene.
The FIR had been registered based on a complaint by two persons who are members of the Bajrang Dal and the Vishwa Hindu Parishad. The outfits are a group of Hindutva organisations led by the Rashtriya Swayamsevak Sangh, the parent organisation of the ruling Bharatiya Janata Party.
Subsequently, a group of about 40 persons gathered near Kumar’s gym and shouted slogans against him. The protesters also blocked a national highway.
Kumar had filed a complaint against the persons who had gathered in front of his gym, allegedly making hate speech, The Indian Express reported. However, the police had filed the case based on the complaint of an officer against unidentified persons in connection with the protests.
In the petition filed on March 13, Kumar stated that the police had failed to take action in the matter despite evidence that included videos of the incident and details of the persons, the newspaper reported.
The plea urged the court to direct the police to take immediate and effective action against the perpetrators of hate crimes and hate speech.
In a video of the incident that was later widely shared on social media, Kumar is seen questioning the group on why other shops are allowed to use the word “Baba” but Ahmed’s shop is not. He is also heard saying that the shop is more than 30 years old and asking whether its name should now be changed.
When asked his name, Kumar replied, “My name is Mohammad Deepak.”
“I intended to convey that I was an Indian and that everyone is equal before the law,” Kumar told the newspaper.
Kumar subsequently posted a video on Instagram, in which he said: “I am neither a Hindu, neither a Muslim, neither a Sikh, nor a Christian. First and foremost, I am a human being. Because after I die, I have to answer to God and to humanity, not to any religion.”
He added that no one, whether a Hindu or a Muslim, should be targeted for their religion.
The filing of the FIR against Kumar and Rawat sparked criticism from several social media users, who said that Kumar was being targeted merely for speaking up for humanity and opposing the intimidation of a Muslim citizen.
Congress leader Rahul Gandhi said that Kumar was fighting for the Constitution and humanity.
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