In a significant order, the Supreme Court on Friday ordered the Delhi, Uttar Pradesh and Uttarakhand Police to take suo motu action in cases of hate speech without looking at the religion of the offenders..The Bench of Justices KM Joseph and Hrishikesh Roy expressed shock at some of the statements and hate speech made against minority communities during recent religious congregations."Respondents will issue directions to their subordinates in this regard without looking at the religion of the accused, so that the secular nature of India is preserved," the Court ordered.The Court also emphasised that the police have to take suo motu action in such cases in the future, without waiting for complaints. Pertinently, the order mentions that non-compliance of any directions would invite contempt proceedings. .The Court also directed the three police forces to file their responses on the action taken with respect to hate speeches highlighted by the petitioner. "File a response as to what action has been taken for the speeches highlighted," the order said.The Court during the hearing said that the statements were shocking, and wondered what effect religion was having on citizens."Where have we reached? What have we reduced religion to? It is tragic. And we speak of scientific temper," Justice Joseph lamented."Statements are certainly very shocking for a country that is to be religion neutral," Justice Roy also weighed in..The Court was hearing a petition filed by one Shaheen Abdulla seeking intervention by the Court to stop the "growing menace of targeting and terrorizing of the Muslim community in India". The plea alleged that members of the ruling party engage in acts of hate crime, physical violence as well as communally-charged speeches against Muslims and other minority communities.The petitioner claimed that between December 17 and 19, 2021, at two separate events organized in Delhi (by the Hindu Yuva Vahini) and Haridwar (by Yati Narsinghanand), hate speeches consisting of open calls for genocide of Muslims were made by nine leaders.Similar events were held at Allahabad on January 29, 2022, Talkatora Stadium, Delhi on May 5, and Badarpur (Haryana) on September 4. "A programme was conducted on 30.09.2022 on Aaj Tak, a leading news channel claiming that Muslim men disguise themselves as Hindus and enter the garba pandal to promote love jihad. The shocking claim was made by the host on his prime time show. He then went on to show some ground reports that they have collected for the research which turned out to be an interview with the leader of Bajrang Dal," the petition said..It is a result of active and tacit support of the ruling party that there is no fear of legal consequences in the minds of these hate mongers and miscreants as they continue to incite communal hate and disharmony with impunity, the plea went on to state.It thus sought appropriate action under the relevant penal statues - including the Unlawful Activity Prevention Act, 1967 - against the speakers as well as the organizations engaging in activities that lead to spread of communal disharmony.The petitioner also prayed for an independent, credible and impartial investigation to be conducted into the incidents of hate speeches and hate crimes against the Muslim community..During the hearing on Friday, Senior Counsel Kapil Sibal, appearing for the petitioner, said that though numerous complaints have been filed, no action was taken."These events are happening everyday," Sibal said."On a lighter note, when you were Law Minister did you propose anything?" the Bench queried."Yes, but there was no consensus. Please see this statement, it was by a BJP leader asking to boycott them. What are they propagating? We keep coming to Court. Police are present in such events," Sibal said. Justice Joseph then read a statement which called for 'slitting their throats'.Sibal said that the same was made by one Yogeshwar Acharya, while Member of Parliament Parvesh Verma called for an economic boycott. "Are Muslims also making hate speeches?" the Bench asked."If so, they should also not be spared," Sibal replied.Justice Roy said that the Court should not look at statements against one community alone.Sibal concurred with the judge, saying,"This Court should not target any one [community].".Disclosure: The Advocate-on-Record in this case is related to the reporter..[Read order]
In a significant order, the Supreme Court on Friday ordered the Delhi, Uttar Pradesh and Uttarakhand Police to take suo motu action in cases of hate speech without looking at the religion of the offenders..The Bench of Justices KM Joseph and Hrishikesh Roy expressed shock at some of the statements and hate speech made against minority communities during recent religious congregations."Respondents will issue directions to their subordinates in this regard without looking at the religion of the accused, so that the secular nature of India is preserved," the Court ordered.The Court also emphasised that the police have to take suo motu action in such cases in the future, without waiting for complaints. Pertinently, the order mentions that non-compliance of any directions would invite contempt proceedings. .The Court also directed the three police forces to file their responses on the action taken with respect to hate speeches highlighted by the petitioner. "File a response as to what action has been taken for the speeches highlighted," the order said.The Court during the hearing said that the statements were shocking, and wondered what effect religion was having on citizens."Where have we reached? What have we reduced religion to? It is tragic. And we speak of scientific temper," Justice Joseph lamented."Statements are certainly very shocking for a country that is to be religion neutral," Justice Roy also weighed in..The Court was hearing a petition filed by one Shaheen Abdulla seeking intervention by the Court to stop the "growing menace of targeting and terrorizing of the Muslim community in India". The plea alleged that members of the ruling party engage in acts of hate crime, physical violence as well as communally-charged speeches against Muslims and other minority communities.The petitioner claimed that between December 17 and 19, 2021, at two separate events organized in Delhi (by the Hindu Yuva Vahini) and Haridwar (by Yati Narsinghanand), hate speeches consisting of open calls for genocide of Muslims were made by nine leaders.Similar events were held at Allahabad on January 29, 2022, Talkatora Stadium, Delhi on May 5, and Badarpur (Haryana) on September 4. "A programme was conducted on 30.09.2022 on Aaj Tak, a leading news channel claiming that Muslim men disguise themselves as Hindus and enter the garba pandal to promote love jihad. The shocking claim was made by the host on his prime time show. He then went on to show some ground reports that they have collected for the research which turned out to be an interview with the leader of Bajrang Dal," the petition said..It is a result of active and tacit support of the ruling party that there is no fear of legal consequences in the minds of these hate mongers and miscreants as they continue to incite communal hate and disharmony with impunity, the plea went on to state.It thus sought appropriate action under the relevant penal statues - including the Unlawful Activity Prevention Act, 1967 - against the speakers as well as the organizations engaging in activities that lead to spread of communal disharmony.The petitioner also prayed for an independent, credible and impartial investigation to be conducted into the incidents of hate speeches and hate crimes against the Muslim community..During the hearing on Friday, Senior Counsel Kapil Sibal, appearing for the petitioner, said that though numerous complaints have been filed, no action was taken."These events are happening everyday," Sibal said."On a lighter note, when you were Law Minister did you propose anything?" the Bench queried."Yes, but there was no consensus. Please see this statement, it was by a BJP leader asking to boycott them. What are they propagating? We keep coming to Court. Police are present in such events," Sibal said. Justice Joseph then read a statement which called for 'slitting their throats'.Sibal said that the same was made by one Yogeshwar Acharya, while Member of Parliament Parvesh Verma called for an economic boycott. "Are Muslims also making hate speeches?" the Bench asked."If so, they should also not be spared," Sibal replied.Justice Roy said that the Court should not look at statements against one community alone.Sibal concurred with the judge, saying,"This Court should not target any one [community].".Disclosure: The Advocate-on-Record in this case is related to the reporter..[Read order]