The Supreme Court today issued notice to the Uttarakhand government in a plea against hate speech delivered between December 17 and 19, 2021 in two events organized in Haridwar by Yati Narsinghanand, and in Delhi by the self-styled Hindu Yuva Vahini.
The bench of Chief Justice N.V. Ramana, Justice Surya Kant and Justice Hima Kohli passed the order on a petition filed by journalist Qurban Ali. The petition sought an ‘independent, credible and impartial investigation’ by an SIT into hate speeches against the Muslim community.
The petitioner had approached the Apex Court seeking its urgent intervention in the matter pertaining to hate speeches delivered in Haridwar by Yati Narsinghanand and the other in Delhi by the Hindu Yuva Vahini.
Senior Advocate Kapil Sibal appearing for the petitioner requested the bench to kindly decide as soon as possible so that dharam sansads which are being announced on a daily basis can be prevented.
Senior Advocate Indira Jaising, appearing for an intervener, submitted they are only asking for the preventive measures, otherwise the law will take its own course.
Sibal further stated, “Let the date be as soon as possible because they have announced another dharam sansad the next one is on 23rd in Aligarh amidst of what is happening in Uttar Pradesh so we want something before that.”
The bench replied that it appears that another bench is hearing this matter. Sibal said no other bench is hearing this matter. The bench clarified that a bench of Justice A.M. Khanwilkar is hearing the matter.
Advocate Kabeswaram Raj apprised the court that the matter is pending before the bench of Justice Chandrachud, that is with respect to hate speech in general and with respect to Sudarshan TV telecast and that has nothing to do with this.
Sibal further submitted this is a separate issue there are dharam sansads announced on a daily basis, just hear this matter, this is the lead matter and lay down the law because what is happening is if “no quick steps” are taken then dharam sansad in Puna, Kurukshetra in Dasna, Aligarh, when the process of election is going on. These attracts several provision of several acts and no arrest has taken place, nothing has happened what will happen is entire country atmosphere will be vitiated, this is all contrary to what all this republic stands for, contrary to the ethos and value that we cherish unless you put a stop to it immediately. Preventive Detention Act is there to prevent all this to happen, this is incitement to violence, he said.
“There is no law with this kind of hate speech, that was mob lynching this is nothing to do with that,” Sibal added further.
Jaising said, “That was in context of cattle mob lynching for smuggling cows but here is an open call for extermination of a particular community. How does the court look at an open call that is the issue here and it is not been addressed by any court.”
The plea further prayed for the Apex Court to issue directions to police authorities to comply with the guidelines laid down by it in Tehseen Poonawalla vs Union of India (2018) 9 SCC 501 and to consequently define the contours of ‘duty of care in investigation’ to be undertaken by the police authorities.
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