[Dharam Sansad] If speaker is the same, you have to take preventive measures: Supreme Court to Uttarakhand

The Supreme Court on Tuesday took exception to the stand of the Uttarakhand government that it cannot stop Dharam Sansad events and cannot anticipate that hate speech might be delivered at such gatherings. .A Bench headed by Justice AM Khanwilkar said that if the speaker who is invited to talk at such events has previously made such speeches, then the State is obligated to take preventive steps to ensure that it does not happen again."If they say Dharam Sansad will be held, we cannot anticipate what will be said," the counsel for Uttarakhand said."But if it is by the same person, then you have to prevent it. Don't make us say things," the Bench retorted.The Bench also warned the State that it would summon its Chief Secretary. It then directed the Uttarakhand government to file an affidavit detailing the preventive measures taken in view of the Dharam Sansad scheduled to be held at Roorkee on Wednesday, April 27..The Court was hearing a petition seeking a probe into the alleged hate speech targeting the Muslim community delivered at the Haridwar Dharam Sansad and the Delhi Dharam Sansad. The petitioners had subsequently filed applications pointing out similar such gatherings scheduled in other cities. Senior Counsel Kapil Sibal, representing the petitioners, said that the authorities are not doing anything to stop such hate speeches and calls for violence. "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. Counsel for Himachal Pradesh maintained that the State had taken necessary steps. .The Uttarakhand government told the Court that it has registered 4 first information reports (FIRs) against members of a particular community and a fifth FIR against members of another community for inflammatory speeches. Counsel for the State also alleged that there is an attempt by the petitioners to paint one community in a particular manner. "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," he submitted. The Court was then informed by the petitioner that a Dharam Sansad is scheduled to be held at Roorkee for tomorrow.The Uttarakhand government maintained that it will do its best to prevent any hate speech. "It is your duty. You are not doing us a favour," the Bench said. It then recorded the State's submission that preventive measures have been taken and directed the Chief Secretary to file an affidavit to that effect. "We are informed another Dharam Sansad is planned in Roorkee tomorrow and another application has been filed against it. Counsel for Uttarakhand submits that all preventive measures have been taken as per Supreme Court decisions. Uttarakhand says authorities are confident that no such untoward statement will be made during the event and all steps as per decisions of this court will be taken. We direct the Chief Secretary of Uttarakhand to place above position on record and apprise us about the corrective measures," the Court said in its order.The Court also ordered the Himachal Pradesh government to file an affidavit showing the steps it took to prevent such hate speeches. "Counsel for Himachal Pradesh informs that preventive steps were taken and the guidelines laid down in the Poonawalla case has also been taken up. Let an affidavit be filed showing the status. List this application on May 9," the Court directed. .The plea before the top court was filed after two separate events were organised - one in Delhi (by the Hindu Yuva Vahini) and Haridwar (by Yati Narsinghanand), and hate speeches were made, consisting of open calls for genocide of Muslims in order to achieve ethnic cleansing.The petitions had contended that "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, were made therein."The Supreme Court had issued notice in the matter on January 12.Regarding the event at Delhi, the Delhi Police in its affidavit filed last week had told the Supreme Court that there were no instances of hate speech at the Delhi Dharam Sansad since "no specific words against any particular community was used."The apex court had, however, questioned the police on whether any senior official applied his mind before filing its earlier affidavit.The Delhi Police had then agreed to file a fresh affidavit.