Illegal, Dilapidated or Viral Video: Why Was a Muslim Man’s House Demolished in Ujjain?

Three Muslims – an 18-year-old and two juveniles – were arrested after a complaint was filed that they spat at a Hindu processsion. Their house was demolished, with drums and DJ music playing.

Ujjain (Madhya Pradesh): Two separate videos from the Chhatri Chowk area of Ujjain went viral on social media on July 17, with claims that three Muslim boys in the videos were spitting on the passing “Mahakal Ki Sawari” Procession. The widely shared videos shot by men who were part of the Mahakal Yatra led to the arrest of three accused, including two minors, and the demolition of their residence. Drums and DJ music were played during the demolition, a new addition to the phenomenon of “bulldozer justice“.

The Kharakua police station registered a first information report (FIR) against three unknown accused under various offences of the Indian Penal Code (IPC), including deliberate acts to outrage religious feelings, offences in a place of worship and disturbing a religious assembly. The complainant, Sawan Lot, stated in the FIR that the entire incident was recorded by Indore resident Masoom Jaiswal on his phone. “The incident has deeply hurt my religious sentiments and the entire society. We demand appropriate action in the matter,” he said.

The Ujjain police arrested three individuals, including two minors and an 18-year-old.

The Wire spoke with Akbar Hussain, the uncle of two of the accused individuals. Hussain and two of his brothers ran a shop and resided with their families in the same house – which was demolished by the authorities. When this reporter reached him, Hussain was busy clearing the debris.

Tracing the events of July 17

Hussain recalled the evening of July 17. He said that the administration ordered all shops to be shut for the “Mahakal Ki Sawari” procession. “We went inside our home to rest and the kids to the neighbouring terrace. A few men from the procession shot their purported videos and began protesting outside the Kharakua police station. Ignorant of what was happening, we reopened the shop when the Yatra passed,” he said.

“The Kharakua police station is only a minute’s distance from our home. It is normal to hear protests and sloganeering there. A few policemen came to our shop after maghrib prayer and identified our kids. We inquired about what happened. They informed me that my kids spat at the yatra. We are on good terms with the policemen. They often sit at our shop. When the policeman said that ‘sahab’ has summoned our kids, we sent them without hesitation and didn’t even bother to accompany them thinking that they will return after a minor reprimand,” said Hussain.

He continued that the situation at the police station was dire. “We were still relaxed at our shop working without doubting that it might be due to our kids. We closed our shop as soon we realised the context of chaos. Our kids were taken into custody,” he added.

The three were arrested and their bail was declined the next day. “Even the advocate advised us to be patient to avoid any unwanted situation. We agreed on it to maintain communal harmony,” said Hussain.

The viral video narrative

Akbar Hussain dismissed any allegations that the kids spat at the yatra. He said that the Hindu procession passes from their area every year and they wholeheartedly welcome it. One video accuses the kids of spitting from a neighbouring terrace. “A kid has a habit of spitting. There is a vast green color shade in front of the house preventing the spit from reaching the road. It may have resembled spitting on procession but that is not true. They could not prove it. The video in which a boy is standing in a blue shirt with a water bottle is from our gallery, which was later made the basis for the demolition. Does it look clear from the video that the boy was spitting? Those children are too young. They haven’t seen anything,” stated Hussain.

 

Rubble and unrest

On the morning of July 19, the Ujjain district administration demolished Hussain’s house. According to the family, it was registered in the name of one Shahjahan Bee, who has passed away.

The Wire accessed the copy of the notice dated July 18, 2023. “You are informed that you have not yet removed the illegal construction in question. Therefore, you are finally informed under Section 436 of the Madhya Pradesh Municipal Corporation Act, that you should immediately remove all illegal constructions yourself, otherwise all illegal constructions will be removed by the Municipal Corporation. All kinds of damages, expenses, and consequences will be your responsibility and the cost of harvesting (sarfa) will also be recovered from you,” the notice reads.

The “illegal construction” written in the notice was replaced by the word “dangerous building” using a pen.

Photo: By arrangement

Akbar Hussain said that the notice was pasted outside their home at around 8 am on July 19. They instructed us to vacate the house and remove all their possessions. “Is half an hour enough to remove all the belongings? Our house was constructed legally. We showed them permission letters and maps. They paid no heed to our requests,” said Hussain. He added that the administration was under immense pressure to demolish the house. “We never saw such a difficult time in our lives. Our home and business were destroyed while drums and DJ songs were playing. We could sense their pleasure in our destruction. It was our ancestral home, where memories of our forefathers and childhood were made,” Hussain sobbed.

The additional superintendent of police, Akash Bhuria, told the media the drums were played as part of a policy to make a public announcement before the removal of illegal encroachment. Similar action was taken that day, he said.

In a row of shops, Sultan Haider’s 120-year-old paan shop was at least 50 metres away from the demolition site. Haider only requested the authorities to allow the family to remove their belongings from the house. “With the permission of authorities, some children and I helped the family. Once they were finished, they stopped the bulldozer by my small paan shop and demolished it without any reason. The authorities misbehaved with me when I pressed upon the reason. They turned my shop into rubble within five minutes. Our shop was famous by the name ‘Shakoor Pehelwan Paan Wale’. We were the fourth generation here,” Haider said, infuriated.

Umesh Sharma, the advocate representing the accused said that the adult accused has been remanded to judicial custody in the central jail, while the other two individuals are under the custody of a juvenile home. He stated that the construction in question was not illegal. Even if it was deemed illegal, there should have been a 24-hour notice before any action was taken. However, the authorities acted in a biased manner by not granting the family sufficient time.

Sharma argued that punishing an entire family for the alleged mistakes of children is unjust, especially when the accused were juveniles. “They were beaten in illegal custody,” remarked Sharma. He further pointed out inconsistencies in the administration’s claims, stating that they referred to the construction as both illegal and dilapidated. “What did the police inspect before the Mahakal Sawari? Prima facie it seems that the police were under political pressure. The demolition is another targeted attack on Muslims before the state assembly elections,” Sharma commented.

The Wire spoke to the Ujjain municipal corporation commissioner Roshan Kumar Singh. He said that the administration demolished the house due to its dilapidated condition. “The notice cited the house as dilapidated. We oversaw everything and followed all the due processes before demolition. The shop in question was built on a sewer. We conduct such drives on all illegal constructions,” told Singh. However, ASP Akash Bhuria in a media address had said it was an “anti-encroachment drive”.

“During a recent religious program in Ujjain, some individuals attempted to disturb religious harmony. The police registered an FIR against the accused under various sections, leading to their subsequent arrest. We then informed the Municipal Corporation and the Revenue Department about the accused. Today, the illegal encroachment by the accused has been effectively removed in the presence of the Municipal Corporation and the Revenue Department, and the police,” The Quint quoted ASP.

Biased move, says religious leader

Sheher Qazi Khaliq Ur Rehman condemned the incident, calling it a “biased” move. “The administration took a bold move without verifying anything which not only led to the defamation of a particular community but also the sacred city of Hindus as the news went overseas. There must be a thorough investigation into this unlawful demolition and the administration must rebuild the demolished home. Is it legal to impose such grave charges upon minors? If this action was not biased then why is an investigation pending in the hate speech case delivered recently in Ujjain? We have submitted a letter to the superintendent of police along with the proof. What is this hypocrisy?” questioned Rehman.

He was referring to the editor-in-chief of Sudarshan News organising a programme called “Jan Samvad” on July 7 in Ujjain, where hate speeches were delivered against Muslims and Islam.

He further added that a few “disruptive elements” are attempting to harm the communal harmony of Ujjain to tarnish the city’s peaceful atmosphere. “This incident also involved an outsider, who filmed a video alleging that children were spitting with malicious intent,” he said. During the last Muharram procession, there was a baseless accusation against Muslims, claiming they chanted “Pakistan Zindabad,” when in reality, they were chanting “Qazi Sahab Zindabad”, Rehman said. These false allegations even led to terrorism charges against people, which were later dropped due to a lack of evidence.

The Wire attempted to contact SP Sachin Sharma and ASP Akash Bhuriya by phone. Both officials said they were busy due to chief minister Shivraj Singh Chouhan’s visit to Ujjain. However, despite several attempts, none of them picked up calls even later. Other officials refused to speak on the matter.