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The Delhi Police in its affidavit has stated that an FIR has been registered in connection with the event organized by Hindu Yuva Vahini, Banarshidas Chandiwala Auditorium, near Delhi's Govindpuri metro station on December 19, 2021.
The Delhi Police stand is that the FIR was registered on May 4, 2022 for committing offences such as promoting, enmity between religious groups, deliberate and malicious acts, intended to outrage religious feeling among others.
The affidavit has been filed in a plea alleging that the “incident of hate speeches at Delhi and Haridwar consisted of open calls for genocide of Muslims in order to achieve ethnic cleansing”.
It is the case of the police that links given in the complaint and other material available in public domain were analysed.
It also states that one video was found uploaded on YouTube, in furtherance to which, an FIR has been registered under sections 153A, 295A, 298 and 34 of IPC. According to the affidavit, the investigation will be carried out in accordance with the law.
In its earlier affidavit, the Delhi Police had stated that there "has been no call for genocide against a particular community & that in fact, the bare perusal of video clip suggests that the speech is about empowering one’s religion & prepare for existential threats". On April 22, 2022, the Supreme Court had asked the Delhi Police to file a fresh affidavit in the case.
Earlier in April, 2022, the Supreme Court refused to the stay the Dharam Sansad event that is to take place in Himachal Pradesh, the court however granted liberty to the petitioners to move the local authorities at the place where the event is to take place. The court has further directed the State of Uttarakhand to file a status a report on the action it has taken in respect of the ‘hate speeches’ that was delivered on the 17th December 2021 at Haridwar organised by Yati Narsinghanand.
On January 12, 2022, a bench headed by Chief Justice of India NV Ramana issued notice in the Public Interest Litigation while expressing its apprehension on other similar matters and intervention applications being filed with regard to the same issue. The CJI said, "There are penal laws, there is a judgment of the Supreme court as per the counsel, there are enough laws. What law can we lay down now?"
The matter will come up for hearing on May 9, 2022.
Case title: Qurban Ali Vs Union of India
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