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A Supreme Court bench headed by Chief Justice of India NV Ramana today issued notice in the Public Interest Litigation seeking the court's intervention in alleged hate speeches delivered in Haridwar and Delhi. The court however expressed 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 bench also opined that there are other matters pertaining to hate speech pending before the court. The court however issued notice and indicated that they will list the matter in 10 days, if there are connected matters they will tag the same. 

When the matter was called out for hearing , Kapil Sibal, senior advocate, submitted that he has given a transcript of the speech and that he does not want to read it and sensationalise it. The bench also consisting of Justices Surya Kant and Hima Kohli opined that the court cannot do much immediately as the State's are yet to come on record in the matter. Sibal submitted that the organisations are announcing more events and certain reliefs are required. 

Indira Jaisingh, Senior Advocate, appearing on behalf of Tushar Gandhi, an intervenor in the matter, submitted that she seeks the implementation of judgment against mob lynching. 

The court also permitted the petitioners to approach the relevant authorities of the States to report about any events which according to them is contrary to law.

On Monday Kapil Sibal mentioned a PIL has been filed against alleged hate speeches made at an event organised at Haridwar and Delhi.A bench consisting of the Chief Justice of India, Justices Surya Kant & NV Ramana stated that they will take up the issue.

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

The petition states that these hate speeches consisted of open calls for genocide of Muslims in order to achieve ethnic cleansing. It further states that these speeches are not mere hate speeches but amount to an open call for murder of an entire community.  According to the petition these speeches are a threat not just to the unity and integrity of India but also endanger the lives of millions of Muslim citizens.

According to the petition despite the passage of almost 3 weeks no effective steps have been taken by the Police authorities including non-application of Sections 120B, 121A and 153B of the Indian Penal Code, 1860 that need to be evoked under such circumstances. The petition further states that the Police authorities have registered two FIRs against 10 people who took part in the Haridwar Dharam Sansad but even in the said FIRs are registered only for the offences of promoting enmity.

According to the petition no action whatsoever has been taken by the Delhi Police in relation with the event held in Delhi despite the fact that open calls for genocide, that are available on the internet. The petition further claims that t the recent speeches are a part of a series of similar speeches that the petitioners have come across in the past. It may be noted that no effective steps have been taken under the relevant and effective sections of  IPC in respect of the earlier hate speeches.

The petition further states that a blatant inaction by the Police also came into the forefront when video of one of the speakers at the event mentioned that a police officer has acknowledged his allegiance with the organizers and speakers of the Dharam Sansad.

The petition claims that not only the inaction of the Police allows delivery of hate speeches with impunity but also shows that the Police authorities are in fact hand in glove with the perpetrators of communal hate.

 

Case title: Qurban Ali & And Vs Union of India