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The Delhi Police has told the apex Court in relation to the December 2021 incident of alleged hate speech in Delhi 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.

Delhi police has said that the petitioners have moved the Court without approaching Police and as such, they have no locus to approach the Supreme Court, the same if allowed, will open floodgates of litigation. “Such a practice must be deprecated,” the Delhi Police claims.

A bench headed by Justice AM Khanwilkar had been informed on Wednesday through an affidavit filed by South East Delhi Deputy Commissioner of Police Esha Pandey.

The bench was hearing 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”.

In relation to the incident of alleged hate speech, the bench has been informed that the words spoken during the events, “overtly and explicitly described Indian Muslims as usurpers of territory, and as predators of land, livelihoods and of Hindu women, and nothing was said or done which could create an environment of paranoia amongst any religion, caste or creed”.

However, the affidavit has further stated that it has been alleged by the petitioners that the police is not carrying out independent, credible and impartial investigation into the alleged incidents of hate speeches against Muslim community, even though no formal complaints to the concerned police authorities have been made.

"None of the petitioner had approached the concerned police authorities, before approaching this Hon'ble Court. Therefore, the petitioners, by directly approaching this Hon'ble Court, without making any machinery and legal mechanism available, had misused the process of law, this practice must be deprecated," the affidavit added.

In addition to this, it has been submitted before the bench that a few complaints had been filed alleging that Suresh Chavhanke Editor in Chief Sudarshan News made hate speech at an event organized by Hindu Yuva Vahini, Banarshidas Chandiwala Auditorium, Near Govindpuri Metro Station on December 19, 2021 which threats to national integrity and want action against them. 

However, the Police has informed that "All the aforesaid complaints were consolidated and enquiry was initiated on the aforesaid complaints. After that deep enquiry was conducted, evaluate the contents of video etc. then the answering respondent did not find any substance in video as per allegation levelled by the complainants...In view thereof all the complaints were closed."

It may be noted that, earlier, Senior Advocate Kapil Sibal appearing for the petitioners had submitted that some more events are being planned, in which there may be a possibility of certain inflammatory speeches. Whereas, in this regard, the bench had allowed the petitioners a liberty to make representation to the concerned local authorities.

A Writ Petition has been filed in Supreme Court seeking the court’s intervention in respect of the ‘hate speeches’ that was delivered on the December 17, 2021 at Haridwar organised by Yati Narsinghanand, and on December 19, 2021 at Delhi organised by ‘Hindu Yuva Vahini (hereinafter According to the petition the speeches were made with the apparent objective of declaring war against a significant section of the Indian Citizenry.)

Cause Title: Qurban Ali & Anr. Vs Union of India & Ors.