The court's order came on an application filed by a local Waiz Islam who alleged that on April 16, in the Rogran locality of Lal Kuan, two unknown women attempted to disrupt harmony by imputing communally sensitive remarks.
They were carrying rods and roaming in the locality freely in complete disregard of the lockdown, he alleged and claimed that he reported the incident to the police, but no action has been taken till date.
Metropolitan Magistrate Rishabh Kapoor directed the Station House Officer of Police Station Hauz Qazi to register the FIR for offences under sections 188 (disobedience to order duly promulgated by public servant), 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language), 295A (malicious acts, intended to outrage religious feelings) IPC and conduct the investigation of the case accordingly.
"The area of occurrence is a sensitive area which has already witnessed communal tension on previous occasion. Therefore, if the incidents like the one in question are not taken to law, it will lead to communal disharmony and disturbance in public peace and tranquillity, for which the nation is not prepared in the present time of on-going COVID crisis."
It further said that once a commission of cognisable offence is disclosed to the police, it is duty bound to register the case.
Islam claimed in the application that the ladies allegedly caused public annoyance by smashing the doors of residences and shops in the vicinity and the alleged incident was captured on camera and uploaded on YouTube.
He further claimed that the area was a sensitive area as it has already witnessed a communal dispute regarding some parking issue.
The matter was reported to the SHO, Hauz Qazi Police Station on the same day but no FIR was registered, he claimed.
Following this, Islam said he informed the SHO on WhatsApp and to the concerned DCP through e-mail, but no action has been taken till date.
The police told the court that the two women had been traced and it was found that they were feeding stray dogs on the streets as they worked with an NGO.
The police further said that one of them was carrying a stick in her hand and the people of the locality had a heated exchange with them, but no religious comments were passed by the women.
During inquiry no cognizable offence was found to have been committed, police said in the action taken report.
The court noted that as per the allegations, the incident had occurred on April 16 when the nationwide lockdown was continuing in the country and the women were out in an area which was at a distance of 450 to 750 metres from their houses and they did not have any movement pass.
"It prima facie emerges that due to the alleged incident, offences under sections 188, 153-A and 295 A of the IPC have occurred, and such offences are cognisable in nature. Therefore, the investigation of the case deserves to be conducted by the police," it said. URD UK SA