Supreme Court directs Uttarakhand to prevent hate speeches at Roorkee 'Dharam Sansad'

Justice Khanwilkar said it will be a similar event and "if the speakers are the same, it can be prevented. Please don't make us say things, there are other ways of preventive action and you know it." The Court further added that it has issued orders, guidelines and yet "what we see on the ground is different".

New Delhi: The Supreme Court bench headed by Justice AM Khanwilkar asked Uttarakhand's chief secretary to place on record that no untoward statement will be passed at the upcoming 'Dharam Sansad' to be held in Roorkee on April 27 on Tuesday. The apex court directed the state of Himachal Pradesh to file a status report regarding the preventive and corrective measures it took during the Dharam Sansad that allegedly featured hate speeches against Muslims in the country.

"Counsel for Himachal Pradesh informs that preventive steps were taken. Let an affidavit be filed showing the status. List this application on May 9," the Court directed. The bench comprising Justice AM Khanwilkar, Justice Abhay S Oka and Justice CT Ravikumar was hearing a plea filed by former High Court judge and senior advocate Anjana Prakash and journalist Qurban Ali seeking an independent probe into the Dharam Sansad events wherein the speakers had allegedly called for open genocide of Muslims.

The counsel for Uttarakhand argued that it can not be anticipated what will be said at the Dharam Sansads. Justice Khanwilkar said it will be a similar event and "if the speakers are the same, it can be prevented. Please don't make us say things, there are other ways of preventive action and you know it." The Court further added that it has issued orders, guidelines and yet "what we see on the ground is different".

Uttarakhand's counsel said, "It is an attempt to colour a community in a certain way and the community they are trying to protect is also here. We are maintaining harmony." "This is not the way you address the court, if this happens we will have to ask the chief secretary to remain present," responded Justice Khanwilkar. Uttarakhand's counsel agreed to take all the steps and follow the orders. "You are bound to. You are not doing any favour to anyone by complying with our orders," said Justice Khanwilkar.

While the Uttarakhand counsel told the apex court to have "trust and faith in them", the bench reminded him about the judgment passed by the Supreme Court regarding preventive measures. It said, "Trust is for everyone but things are different on the ground. Despite the repeated pronouncement of this court, there is the Poonawala judgment and subsequent judgment enlarging the precautionary measures to be taken and corrective measures to be taken, yet things are happening."

Senior Counselor Kapil Sibal, arguing for the petitioners, submitted that the Dharam Sansad authorities were earlier asked by the court to report to the collector and SP but nothing has been done. "They are holding it all over the country. Now, this was in Una (in Himachal Pradesh). We wrote to the Collector and Superintendent of Police to stop it and they did not do anything," Sibal said.

"Uttarakhand says all preventive measures have been taken and the concerned authorities are more than confident that no unacceptable statements will be made during such event and all necessary steps will be taken. We direct the chief secretary to place the above position on the record, and also to state the corrective measures before the next date of hearing," ordered the court. Advocate for Himachal Pradesh submitted that they have issued notice under section 64 of the Himachal Pradesh Police Act. "These events do not occur overnight. They are planned well in advance," said J Khanwilkar.

Counsel appearing for the Uttarakhand government had submitted that the investigation in the cases have been completed and the charge sheets have been filed. The plea had stated that between December 17 and 19, 2021, at two separate events organised in Delhi (by the Hindu Yuva Vahini) and Haridwar (by Yati Narsinghanand), hate speeches were made, consisting of open calls for genocide of Muslims in order to achieve ethnic cleansing.

The plea said that it is relevant to note that no action has been taken by the Uttarakhand government and Delhi Police in relation to the event held there, despite the fact that open calls for genocide (that are available on the internet) were made therein. The plea also highlighted a video that had gone viral where a police officer was seen acknowledging his allegiance to the offenders.