The Delhi High Court on Friday dismissed a public interest litigation (PIL) seeking de-recognition of the Shiv Sena and direction for disqualification of 11 of its MPs for allegedly force-feeding a Muslim staffer of the IRCTC at the Maharashtra Sadan in Delhi during his Ramadan fast last month.
The PIL, filed by NGO Gharib Nawaz Foundation in the Delhi High Court on July 24, had also sought immediate arrest of MPs for provoking religious sentiments against the minority community, besides having sought initiation of criminal case against the MPs including Sanjay Rout and Rajan Vichare.
A bench of Chief Justice G Rohini and Justice Jayant Nath rejected the petition, saying the petitioner Maulana Ansar Raza has not provided sufficient evidence to show that it is a public interest litigation (PIL).
The court also observed that the police is already investigating the matter and the Ministry of Home Affairs has also expressed its concern over the issue.
"Neither of the aggrieved parties has approached the police for registration of an FIR regarding the alleged incident," the court noted.
Earlier, Additional Solicitor General (ASG) Sanjay Jain, appearing for the Centre, had told the court that the PIL "does not stand anywhere" as the victim had not approached the police.
While seeking dismissal of the PIL, the ASG had referred to the prayers made in the PIL seeking de-recognition of Shiv Sena and a direction to the Lok Sabha Speaker and the Chairman of Rajya Sabha to disqualify 11 MPs of the party.
Watch: Video showing Shiv Sena MP force-feeding Muslim staffer
Around 11 members of Parliament from Maharashtra belonging to the Shiv Sena allegedly forced a Muslim catering supervisor to break his fast at Mahrashtra Sadan in New Delhi. Shiv Sena MPs had visited Maharashtra Sadan and were reportedly angry over not being served Maharashtrian food. The Shiv Sainiks then proceeded to force Arshad Zubair S, who was fasting for Ramzan, to eat a chapati. The incident took place when a group of around 15 MPs were discussing complaints about the lack of services at the Sadan.
Even though, the Shiv Sena MPs had denied allegations of forcing a Muslim catering supervisor to break his Ramzan fast, a video footage grabbed by 'Zee Media' had emerged which clearly showed Rajan Vichare, Sena MP from Thane, forcing the Muslim supervisor to eat chapati.
The catering supervisor of the IRCTC-managed canteen at New Maharashtra Sadan, who was force- feeded by a Shiv Sena MP in a fit of rage, had claimed chapatis were forced into his mouth even though they knew his name and his religious sentiments were hurt.
Defending his act Shiv Sena MP Rajan Vichare had said that he was protesting against the quality of food at Maharashtra Sadan. Vichare was forced to apologise and issued a statement saying, "I regret if anyone's religious sentiments were hurt".