CJP files complaint over Malabar Hill incident involving Aadhaar checks and targeting of Muslim vendors Asks authorities to act after a former BJYM leader allegedly demanded Aadhaar from Muslim vendors, directed others to display saffron flags
26, Nov 2025 | CJP Team
On November 13, 2025, a routine morning at the Malabar Hill fruit market in Mumbai was disrupted when Raj Saraf, former General Secretary of the Bharatiya Janata Yuva Morcha (South Mumbai), arrived at the site accompanied by a small group of supporters. What followed, as documented in a complaint submitted by Citizens for Justice and Peace (CJP) to the Maharashtra Director General of Police and the National Commission for Minorities (NCM), raises serious concerns about unlawful assumption of policing functions, religious profiling, and intimidation of street vendors.
The Incident: What occurred on November 13
According to the complaint, Saraf approached multiple vendors but selectively engaged with Muslim fruit sellers. He demanded that they produce their Aadhaar cards, despite having no legal authority to conduct identity verification. Several vendors, visibly anxious, complied under pressure.
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The complaint stated the following actions took place:
- Muslim vendors were required to display Aadhaar documents on the spot.
- Saraf described these vendors as “security threats” and said they “must be checked.”
- Hindu vendors were instructed to place saffron flags on their carts to distinguish themselves from Muslim vendors.
- The interaction caused immediate discomfort, fear, and disruption of business for the targeted sellers.
In contrast, no such demands or accusations were directed at Hindu vendors, indicating a clear religious basis for the intervention. The entire exchange occurred in a public market area and was witnessed by other vendors and customers.
Contextualising the Incident: Broader trends and concerns
The complaint situates this event within a wider pattern observable in multiple Indian states, where individuals unaffiliated with law enforcement have begun conducting informal identity checks and directing vendors or workers based on religious identity.
- Pattern of extra-legal identity policing: CJP noted that similar incidents — involving verification of documents, harassment of specific vendor groups, or public accusations of disloyalty — have been documented in recent years. The organisation argues that such actions blur the line between legitimate policing and unauthorised public intervention.
- Departure from constitutional norms: Referring to Supreme Court jurisprudence on constitutional morality, the complaint highlighted that discrimination or coercion based on religion contradicts the equality and dignity protections built into Articles 14, 15, and 21 of the Constitution.
- Normalisation of daily-life discrimination: CJP raised concern that targeting vendors in markets, railway stations, and transport hubs has slowly become more common. Such incidents affect individuals’ livelihoods and create an atmosphere where minority communities feel compelled to repeatedly prove legitimacy.
- Undermining of state authority: The complaint stressed that identity checks are the legal remit of police or authorised State personnel. When private citizens conduct them, it erodes public confidence in formal institutions and may lead to parallel, inconsistent, and potentially discriminatory enforcement practices.
Legal and constitutional violations cited
The complaint identifies specific provisions from the Bharatiya Nyaya Sanhita, 2023 that may apply to the incident:
- Section 196 – Promoting enmity between groups
- Section 356 – Outraging religious feelings
- Section 297 – Statements likely to cause public mischief
- Section 351 – Criminal intimidation
- Section 124 – Impersonating a public servant
- Section 335 – Wrongful restraint and coercion
CJP also highlighted violations of:
- Article 14 (equality before law)
- Article 15 (non-discrimination on religious grounds)
- Article 19(1)(g) (right to carry on trade)
- Article 21 (right to dignity)
- Article 25 (freedom of religious identity)
Impact on public order and social relations
The complaint further explained why this incident matters beyond its immediate context.
- Disturbance in a commercial environment: The intimidation of vendors disrupts economic activity and heightens insecurity among those who rely on daily income. Vendors who fear being targeted may avoid certain markets, affecting their livelihood.
- Visible segregation through symbolic markings: The instruction to Hindu vendors to place saffron flags on their carts introduces a system of visible differentiation that can foster distrust and discomfort in shared public spaces.
- Sensitivity in a diverse city: Mumbai’s mixed neighbourhoods depend on stable, trust-based social interactions. Scenes of public accusation or religious differentiation can create ripple effects that strain everyday coexistence.
- Long-term confidence in police neutrality: When private actors enforce identity checks without immediate police intervention, it raises questions about the predictability and neutrality of law enforcement, which is essential for maintaining orderly civic life.
Reliefs Requested in the Complaint
CJP sought a measured institutional response from both the Maharashtra Police and the National Commission for Minorities:
Before Maharashtra Police
- Registration of an FIR against Raj Saraf
- Verification and preservation of video evidence
- Identification of individuals assisting in the incident
- Preventive directions to avoid such events in Malabar Hill and nearby markets
- Protection for the affected Muslim vendors
Before the National Commission for Minorities
- An independent inquiry
- Summoning of Saraf for an explanation
- A status report from Mumbai Police
- Recommendations for safety measures for minority vendors
- A public advisory discouraging identity-based profiling in markets
The Malabar Hill incident, as described in the complaint, is significant because it reflects a growing tension in public spaces where private individuals assume roles traditionally reserved for law enforcement. The targeting of Muslim vendors for Aadhaar checks and the use of religious markers to distinguish vendors raise substantive constitutional and legal concerns.
The complete complaint may be read here.
Related:
From Despair to Dignity: How CJP helped Elachan Bibi win back her identity, prove her citizenship
