While there may have been ample media outrage of the 11 Shiv Sena MPs caught abusing the catering staff at the new Maharashtra Sadan in New Delhi and attempting to force-feed staffer Arshad Zubair despite his pleas that he was fasting, it appears that neither the NDA government at the Centre nor the Congress-led government in Maharashtra is keen to pursue the case and prosecute those guilty. [caption id=“attachment_1633907” align=“alignleft” width=“380”]
The new Maharashtra Sadan in New Delhi. Image: Official website[/caption] While Maharashtra Chief Minister Prithviraj Chavan has ordered an inquiry into the incident, it’s clear that his office is not taking the matter very seriously. According to a
report in The Times of India
, State Chief Secretary JS Saharia as well as Maharashtra Sadan’s resident commissioner Bipin Mallick are yet to be officially instructed on how to proceed with the inquiry. The report states that the terms of reference have not yet been finalised by the government. What is worse, however, is that Chavan reportedly did not know the details of the incident, which occurred on 17 July, until a news report appeared in The Indian Express and there was an uproar in Lok Sabha, the TOI report states. This despite Saharia visiting the Sadan after the incident and issuing an apology to the catering manager on behalf of the state government. It is the same case with the Centre. While it is obvious that the incident has embarrassed the NDA government of which the Shiv Sena is an alliance partner, the Home Ministry has refused to make any official comment on the incident. “Unless there is a police complaint, we can hardly do anything,“ a home ministry
official told The Times of India.
But it is not as if the police cannot take up the case suo-moto and lodge an FIR against the MPs. Another report in the Times of India quotes legal experts as saying the MPs could be charged with criminal intimidation under Section 506 of the IPC as well as promoting enmity between different groups on grounds of religion (Section 153A), if it is proved that they knew about the victim’s religion. “For an offence under Section 153A, there must be intention to hurt religious sentiments. If he (Arshad Zubair) told them he was fasting and had a tag bearing his name on his shirt and yet they did not stop, it is a grave offence,” senior criminal lawyer Mubin Solkar
told The Times of India
. Meanwhile, NGO Garib Nawaz Foundation filed a petition in the Delhi High Court seeking de-recognition of the Shiv Sena and direction for disqualification of the 11 MPs over the incident, while also seeking a directive from the HC asking the Centre to order a high-level probe headed by a retired HC judge into the incident. The PIL also sought immediate arrest of the MPs for provoking religious sentiments against the minority community, while also asking that a direction to the Lok Sabha speaker and the Rajya Sabha chairman be issued to disqualify 11 of its lawmakers. “Forcefully shoving a ‘chapati’ by MPs was a cowardly act as they are representatives of the people and are elected by the people for their service and not for provoking religious sentiments,” said the plea. The plea is likely to come up for hearing on 30 July. The Shiv Sena, however, continues to remain defiant, saying action needs to be taken against the IRCTC staff for their poor services and disrespect to Maharashtra legislators. While rejecting that the incident had anything to do with religious sentiments, party president Uddhav Thackeray said on Thursday evening, “We are Hindutvawadi, but we do not hate others. This is an attempt to suppress the voice of Shiv Sena. We do no stoop to such levels to protest.” The party’s mouthpiece Saamna had in an editorial in
its Thursday edition said
:
“There’s nothing of Maharashtra or its culture reflected in the new Maharashtra Sadan, despite the inflated bills and the alleged corruption in the construction contracts for the building, the editorial published on Thursday says. “Marathi men cannot rightfully stake claim to this space … There is no drinking water, no cleanliness, no adequate canteen facilities…” It’s natural for elected MPs to be angered, the editorial contends, adding that it is the Congress-NCP leadership that’s giving the incident a communal hue.”
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