Hate speech case against Hindtuva leader who called for Muslim boycott transferred to Mangaluru
Mangaluru: According to a report by The News Minute, an FIR registered against Chandru Moger, the coordinator of the Hindu Janajagruti Samiti, regarding a hate speech incident from 2022 has been transferred from Bengaluru to Mangaluru. The transfer took place on May 17 when the Sanjay Nagar police in Bengaluru handed over the case files to the Urwa Police Station in Mangaluru for further investigation. The investigation revealed that the hate speech video originated from a Sanatan Sanstha office in Mangaluru.
During the investigation, the Bengaluru Crime Branch contacted Twitter to obtain information about the IP address associated with the system that shared the video. It was discovered that the IP address was traced back to Mangaluru.
The FIR filed against Chandru Moger includes charges under various sections of the IPC, such as promoting enmity between different groups and criminal intimidation. In the video, Moger made controversial statements accusing Muslims of having a monopoly over the fruit business and alleging that they would spit on fruits and bread before selling them. These claims are part of the false propaganda known as "thook jihad" in Hindutva circles.
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Various political figures, including former Karnataka Chief Minister HD Kumaraswamy, had criticized Moger's statements. Kumaraswamy denounced the directive issued by the Hindutva unit to boycott purchasing fruits from Muslims as a betrayal against the country and farmers.
Despite initial inaction by the police, Sheikh Zia Nomani, the All India Majlis-e-Ittehadul Muslimeen (AIMIM) Bengaluru spokesperson, lodged a complaint on April 6, 2022, at the Sanjay Nagar police station, seeking the registration of an FIR against Moger for defaming the Muslim community and inciting communal hatred and violence. The FIR has now been transferred to the Urwa Police Station in Mangaluru.
Mangaluru City Police Commissioner Kuldeep Jain confirmed the transfer of the FIR but stated that no one has been questioned in the case thus far. The investigating officer, Sudarshan, mentioned that the investigation is in its early stages and no significant details can be provided at this time.
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'Fraud on Constitution': SC rules against religious conversion for quota benefits
New Delhi (PTI): In a significant verdict, the Supreme Court has said religious conversions undertaken solely to avail reservation benefits without genuine belief amounted to a "fraud on the Constitution".
Justices Pankaj Mithal and R Mahadevan passed the verdict on November 26 in a case filed by one C Selvarani and upheld a Madras High Court decision of January 24 denying a scheduled caste certificate to a woman who converted to Christianity but later claimed to be a Hindu to secure employment benefits.
Justice Mahadevan, who wrote the 21-page verdict for the bench, further underscored that one converted to a different religion, when they were genuinely inspired by its principles, tenets and spiritual thoughts.
"However, if the purpose of conversion is largely to derive the benefits of reservation but not with any actual belief in the other religion, the same cannot be permitted, as the extension of benefits of reservation to people with such ulterior motives will only defeat the social ethos of the policy of reservation,” he noted.
The evidence presented before the bench was found to have clearly demonstrated that the appellant professed Christianity and actively practiced the faith by attending church regularly.
"Despite the same, she claims to be a Hindu and seeks for a SC community certificate for the purpose of employment," it noted.
"Such a dual claim made by her," said the bench "was untenable and she cannot continue to identify herself as a Hindu after baptism".
The top court, therefore, held the conferment of scheduled caste communal status to the woman, who was a Christian by faith, but claimed to be still embracing Hinduism only for the purpose of availing reservation in employment, "would go against the very object of reservation and would amount to fraud on the Constitution".
The top court underlined a religious conversion solely to access reservation benefits, without genuine belief in the adopted religion, undermined the fundamental social objectives of the quota policy and her actions were contrary to the spirit of reservation policies aimed at uplifting the marginalised communities.
Selvarani, born to a Hindu father and a Christian mother, was baptised as a Christian shortly after birth but later claimed to be a Hindu and sought an SC certificate to apply for an upper division clerk position in Puducherry in 2015.
While her father belonged to the Valluvan caste, categorised under scheduled castes, he had converted to Christianity, as confirmed by documentary evidence.
The verdict said the appellant continued to practice Christianity, as seen by the regular church attendance, making her claim of being a Hindu untenable.
The bench noted individuals converting to Christianity lose their caste identity and must provide compelling evidence of reconversion and acceptance by their original caste to claim SC benefits.
The judgement said there was no substantial evidence of the appellant's reconversion to Hinduism or acceptance by the Valluvan caste.
Her claims lacked public declarations, ceremonies, or credible documentation to substantiate her assertions, it pointed out.
"One converts to a different religion when genuinely inspired by its principles. Conversion purely for reservation benefits, devoid of belief, is impermissible," the bench held.
The apex court opined in any case, upon conversion to Christianity, one lost their caste and couldn't be identified by it.
"As the factum of reconversion is disputed, there must be more than a mere claim. The conversion had not happened by any ceremony or through 'Arya Samaj'. No public declaration was effected. There is nothing on record to show that she or her family has reconverted to Hinduism and on the contrary, there is a factual finding that the appellant still professes Christianity,” it noted.
The bench said there was evidence against the appellant, and therefore, her contention raised that the caste would be under eclipse upon conversion and resumption of the caste upon reconversion, was "unsustainable".
