New Delhi: The Supreme Court on Wednesday refused to pre-empt an organisation, Hindu Janajagruti Samiti, from going ahead with its events on apprehension of hate speech. However, the apex court asked district magistrates and the police of Yavatmal, Maharashtra, and Raipur, Chhattisgarh, to ensure no hate speech is made during the events.
Senior advocate Kapil Sibal, representing the petitioner, submitted before a bench comprising justices Sanjiv Khanna and Dipankar Datta, that authorities have not taken action and they have just filed FIRs, and stressed, “why do they allow this (events) to happen?”
Justice Khanna said the apex court had already issued directions to address incidents of hate speech and, also directions have been issued regarding CCTV cameras. Noting Sibal’s contention that the organization is intending to take out processions on January 18 and 19, Justice Khanna said, “Let them, we are not going to stop that but in case of hate speech and incitement to violence, they (authorities) will take action…”.
While Sibal insisted what action will the authorities take against the organizers, Justice Khanna said, “it cannot be pre-emptory…”. Sibal cited FIRs lodged in 2023. However, the bench said the concerned government will take action on it in case they indulge in it again and the authorities will take action.
Sibal vehemently challenged the permission given to hold the meeting. Justice Datta said where is the party against whom Sibal seeks direction and asked whether the organization is the party in the application before the court? “The order you are seeking from us, if we pass it. It will affect somebody….your prayer is don't grant any permission”, said justice Datta, while questioning Sibal on withdrawal of permission without hearing the affected party, and added that it goes against the fundamentals of natural justice. Sibal said, “but what about the fundamentals of our Constitution…”.
Examining the plea, which cited speeches by BJP leader T. Raja Singh, the bench that some the speeches delivered were "certainly objectionable,”. However, the apex court said that no pre-emptive action can be taken for future speeches.
After hearing submissions, the bench said, “the persons against whom allegations have been made have not been impleaded as party. Nevertheless, in view of assertions made it would require the authorities to be cautious of the fact that no incitement to violence or hate speech can be permitted”.
The bench directed the district magistrates and superintendent of police of Yavatmal and Raipur, to take notice of the allegations and take appropriate steps as may be advised and required. “If necessary and deemed appropriate, the police will install CCTV cameras with recording facilities so that in case any events happen perpetrators can be identified….”, said the bench. Sibal said this happens again and again, and it will not end unless the court intervenes. Concluding the hearing, Justice Khanna told Sibal, “Look we have passed orders and on the last occasion after we passed an order in one case, it did have its effect. And, it did stop and we expect it to stop….that was the positive part”.
The plea, filed by Shaheen Abdulla, said it has come to the knowledge of the petitioner that the said Hindu Janajagruti Samiti is organizing three events on January 18, 2024, in Yavatmal, Maharashtra. “That it has further come to the knowledge of the petitioners that T.Raja Singh (BJP leader), who has been a repeat offender and has continued to deliver hate speeches calling for the killing of and violence against Muslims, is also going to hold a series of rallies in Chhattisgarh from January 19 to January 25”., said the plea.
The plea submitted that far from taking action against repeat offenders the authorities fail to even prevent them from holding further rallies where they deliver hate speeches with impunity despite specific directions to this effect having been issued by the apex court. “On the other hand, in several rallies police personnel are seen as mere bystanders. That such events that demonize communities and openly call for their boycott and violence against them are not mere offences under the IPC and are not limited in terms of their impact to just those areas where they are held but will inevitably eventually lead to communal disharmony and violence of an unfathomable scale across the country”, said the plea.
The petitioner sought a direction that permission for holding public events planned by the Hindu Janajagruti Samiti on January 18 in Yavatmal, be denied by the concerned State authorities, or in case permission has already been granted, the same be withdrawn. “ Direct that permission for holding the public events planned by T. Raja Singh in Chhattisgarh from 19.01.2024 to 25.01.2024 be denied by the concerned State authorities, or in case permission has already been granted, the same be withdrawn”, said the plea.
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