Supreme Court Pulls Up UP Police Over Missing Hate Crime Charges In Sherwani Case, Seeks Full Compliance
Supreme Court expressed dissatisfaction with UP Police’s compliance, questioning the repeated omission of key IPC provisions in the hate crime FIR and granting two weeks for corrective action
The Supreme Court continued monitoring the Noida hate crime investigation and directed the Uttar Pradesh government to complete the chargesheet sanction process within four weeks
The Supreme Court on Tuesday came down sharply on the Uttar Pradesh Police over alleged non-compliance with its earlier directions in a plea filed by Muslim cleric Kazeem Ahmad Sherwani, who has accused the police of failing to properly investigate a hate crime against him on religious grounds.
The bench of Justice Vikram Nath and Justice Sandeep Mehta expressed strong dissatisfaction with the State’s handling of the case, questioning why key penal provisions were not being invoked despite clear directions.
Sherwani has alleged that he was targeted because of his religious identity, stating that his beard was pulled, his cap was forcibly removed, and he was subjected to abuse with communal overtones. He approached the apex court seeking a fair and proper investigation, contending that the Uttar Pradesh Police had failed to invoke appropriate sections of the Indian Penal Code.
Earlier, the State had conceded before the Court that relevant provisions dealing with religious hate speech had not been included in the FIR. The Court had then directed the addition of Sections 153B and 295A IPC.
During the hearing today, Additional Solicitor General KM Nataraj, appearing for the State, submitted that permission had been sought for further investigation in the matter.
However, counsel for Sherwani informed the bench that Section 153B had once again been dropped, despite the Court’s earlier directions. The submission prompted a sharp response from the bench.
“They were clear observations, Mr. Nataraj. Why is your investigating officer playing hide and seek with the Court? Can you back out from 153B?” the bench asked.
In response, Nataraj stated that the provision could be added at the stage of filing the chargesheet. The petitioner’s counsel further alleged that material portions of Sherwani’s statement had been deliberately omitted, including details beyond the removal of his cap.
Taking note of the submissions, the Court indicated its displeasure with the manner in which the investigation was being conducted and called for accountability from the officers involved. “You call this ACP who has given this report. Let him come and explain why is he doing all this,” the bench remarked.
In its order, the Court recorded that it was “not satisfied” with the compliance affidavit filed by the State in response to its earlier order dated February 16, 2026. While the bench initially expressed its inclination to summon the investigating officer, it refrained from doing so at this stage on the request of the State.
Granting a final opportunity, the Court allowed two weeks’ time to the respondents to ensure full compliance with its earlier directions and listed the matter for further hearing on May 19.
Before concluding, the bench cautioned the State’s counsel to advise the concerned officers appropriately. “We have no pleasure in calling them. But unnecessarily if they invite that…,” the Court observed.
Previously, in February, while the Supreme Court had recently reserved orders in a batch of petitions concerning hate speech, it chose to keep the present case pending, observing that it raised distinct issues.
On the last hearing, Appearing for the Centre, ASG KM Nataraj had submitted that the matter had lost its significance as a trial was already underway. “Now the trial is going on, nothing may survive in this matter,” he argued.
Case Title: Kazeem Ahmad Sherwani v. State of Uttar Pradesh
Bench: Justices Vikram Nath and Sandeep Mehta
Hearing Date: April 21, 2026