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In a matter relating to a dispute between Kshatriya and Gurjar communities over the title of Samrat Mihir Bhoj’s Statue at a square in Gwalior city, Madhya Pradesh High Court recently said that National Heroes should remain pan-national irrespective of Religion, Caste, Community or any group.

The division bench comprising Justice Sheel Nagu and Justice Anand Pathak was hearing a pro bono publico petition filed by one Rahul Sahu seeking directions to the State authorities to take effective steps to maintain law and order situation in Gwalior City that has arisen due to the dispute.

Passing directions for interim relief, court noted, “It is the duty of the Citizenry of the country that National Heroes remain Pan National in their recognition and acceptance and may not be confined to Religion, Caste, Community or any Group.”

Specifically, on the issue of resolving the controversy, court directed for reconstitution of the committee formed by District Collector, Gwalior and asked it to not only explore the historicity of rival claims with cogent evidence/literature but at the same time to also look into the thought that whether the Statute/Idol/Bust of a National Hero established over public place (through Public Funds) to inspire public at large can be referred with caste attached to his description or it may go against the Constitutional Spirit and Goals of our Constitution.

This Committee already had SDM Lashkar, CSP Lashkar, History Professor at Jiwaji University, Gwalior Mr. S.K. Dwivedi and Shri Sanjay Swarnkar, Professor and HoD of KRG College, Gwalior on board.

Now, Commissioner, Gwalior Division and Inspector General of Police, Gwalior Range, one representative of Gurjar and Kshatriya Community each shall also be included in it.

The committee has been directed to put its report before the court within three weeks from the date of the order.

Additionally, court also asked the elders of both the communities to teach the young members of their respective communities about the valour, character, determination of the Samrat beside basking in his reflected glory.

The Controversy

Municipal Corporation, Gwalior in year 2015-16 placed a statue of Samrat Mihir at a square in the city of Gwalior on which statue title was inscribed as Samrat Mihir Bhoj Gurjar and this prompted Kshatriya and Gurjar communities to be at loggerheads.

Before the High Court, petitioner’s counsel argued that opposed to original thought and for unknown reasons, suffix ‘Gurjar’ was added to the statue title later on, which prompted Kshatriya Community to go for agitation as according to their feelings, the said National Hero belongs to Kshatriya Community, whereas Gurjars consider the said Samrat as Gurjar.

Resultantly, a dispute arose and law and order situation deteriorated in the city of Gwalior and adjoining districts.

However, during hearing, Additional Advocate Generals (AAGs) Ankur Modi and MPS Raghuvanshi appearing for the State/respondents had informed the court that Section 144 of Cr.P.C. including prohibition to spread irresponsible, communal and incriminating messages over social media is already imposed in the area.

They had assured the court that suitable action shall be taken to maintain law and order. Referring to the findings of the abovesaid committee, AAGs had added, “After (committee) report is prepared, appropriate consequential action shall be ensured.”

Importantly, the two AAGs had contended that under the Constitutional Scheme, no attempt can be made to attach any Caste with any statue installed through public fund and at any public place.

Accordingly, taking note of the submissions made by all the concerned parties, court issued directions as interim relief.

Court also said that till committee report is submitted, name plate/nomenclature which is the cause of dispute between the two communities can be kept in duly covered manner and only statue of Samrat Mihir Bhoj would be available for the people to observe.

Court further added that till the matter is resolved, all members of both communities will be expected to observe restrain and would not be a cause of concern for law-and-order situation in any manner.

Lastly, court directed the Distt. Administration to ensure law and order in public places and Public life.

The matter is now listed to be next heard in week commencing 20th October, 2021 for further orders.

Case Title: Rahul Sahu Vs. State of M.P. & Ors.