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Section 144 has been imposed in several parts of Haryana, including Nuh, Gurugram, Faridabad, and other districts, after communal clashes broke out during a religious procession organised by the VHP & Bajrang Dal, after a mob of muslim youth pelted stones on them. Today, a plea seeking a stay on rallies was refused
The Supreme Court has Wednesday, refused to stay the rallies which are being held by Vishwa Hindu Parishad and Bajrang Dal in parts of Delhi NCR, after communal clashes broke out in Gurugram and Nuh district.
A bench of Justices Sanjiv Khanna and SV Bhatti were hearing a plea filed in the hate speech case [Shaheen Abdulla Vs. Union of India & Ors.] seeking a stay on the rallies organised by VHP & Bajrang Dal, purportedly against the communal violence. The rallies have been planned on August 2. According to the petition, they are expected to take place in 23 localities in Delhi including at the Delhi-Haryana border, Noida (from Sector 21A to Rajnigandha Chowk), Uttar Pradesh, Manesar.
The interlocutory application in the main case concerning hate speech was mentioned today at 2 pm, in which it has been averred that "considering the extremely precarious situation currently prevailing in the aforementioned areas a very legitimate apprehension of communal persecution has arisen that requires the urgent attention of this Hon’ble Court".
Senior Lawyer CU Singh appearing for the petitioner(s) informed court that a rally had already taken place and there was hate speech in it. The bench however pointed out that in October 2022 and April 2023, an order against hate speeches had already been passed and there was no further need of interference. We cannot go this way or that way, said the bench, while confirming with the Additional Solicitor General Mr. SV Raju that proper action will be taken to prevent any kind of violence or law and order situation.
The bench also said that deployment of cctv cameras in places where violence is expected to break out will be effectuated. While doing so, the bench listed the case day after tomorrow, i.e. on August 4, 2023 and neither issued notice, not immediately allowed the prayer of the petitioner.
According to the plea, in the rally hosted by Bajrang Dal which is the youth wing of the said VHP on 01.08.2023 at Bhiwani, Haryana participants shouted slogans calling for violence against Muslims [(“Jab Mulle kaate jaayenge, Ram Ram Chillaayenge” (When Muslims will be chopped off, we will shout Ram Ram)].
"That given the fact that the situation in Nuh and Gurgaon continues to be extremely tense and even the slightest provocation could result in serious loss of life and damage to property, rallies that are likely to fan communal fires and incite people to resort to violence, ought to not be permitted. It is submitted that such rallies that demonize communities and openly call for violence and killing of people are not limited in terms of their impact to just those areas that are presently dealing with communal tensions but will inevitably lead to communal disharmony and violence of an unfathomable scale across the country," the plea reads.
News reports suggest that a religious procession was being carried out by Bajrang Dal and the Vishwa Hindu Parishad and stone pelting started by a mob of young muslim men, leading to communal violence.
Following this, news of religious violence spread across the Muslim-dominated Nuh district, which further led to stone pelting in parts of in Sohna, Gurugram, Faridabad, and Palwal. Protestors blocked the road and dozens of vehicles and a shop were set ablaze by angry mobs.
Case Title: Shaheen Abdulla Vs. Union of India & Ors.
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