Ensure 'no hate speeches are made' at Dharm Sansad: SC directs Uttarakhand government

New Delhi: The Supreme Court on Tuesday (April 26) expressed its dissatisfaction with the Uttarakhand government for allowing the Dharm Sansad event despite prior notice and asked the state`s Chief Secretary to ensure that "no hate speeches are made" at the event to be held in Roorkee on Wednesday.

A bench headed by Justice AM Khanwilkar also asked the top official to file an affidavit and explain the preventive steps taken so far and no untoward statement will be made at the event. When senior advocate Kapil Sibal, appearing for petitioners, informed the apex court about another scheduled Dharm Sansad event in Roorkee tomorrow, the bench told counsel of Uttarakhand, "We are now informing you about an event tomorrow. Take action."

It even warned that the Chief Secretary would be asked to be present if the state failed to take preventive steps in view of Dharm Sansad proposed in Roorkee, Uttarakhand. "There is no confidence that such a thing will not happen again. You know what is said at these Dharm Sansad," the bench observed.

"You know what are preventive measures... you will have to do it. And if it still happens, we will ask the Chief Secretary to remain present. We are directing you to take all these steps. You are bound to. You are not doing a favour on us by following the directions," the bench told the counsel appearing for the Uttarakhand government.

It also recorded the statement of the counsel for Uttarakhand that the Dharm Sansad event which is set to take place tomorrow will not have any "untoward incident". While the state of Uttarakhand`s counsel told the apex court to have "trust and faith in them", the bench reminded the Uttarakhand government 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."

Sibal said another application has been filed by the petitioners against the proposed Dharm Sansad event in Roorkee tomorrow.

The apex court also asked the Himachal Pradesh`s Secretary of Home Department to file an affidavit regarding the preventive and corrective measures taken after the Dharm Sansad event which took place from April 17 to April 19 in Himachal Pradesh`s Una.

It directed that the affidavit be filed on or before May 7 and posted the matter for hearing on May 9.Counsel for Himachal Pradesh submitted that preventive measures were taken by the government. "We have taken preventive measures. Then we have undertaken an investigation," counsel said.

To this, Justice Khanwilkar said, "You have to stop the activity and not just do the investigation. File an affidavit disclosing what steps you have taken to prevent it thereafter".

"These incidents don`t happen suddenly. They are announced well in advance. The local police have to get into action immediately. You file an affidavit explaining those steps. Did you spring into action immediately or not?" the bench asked.

Sibal told the court that as per the permission of the bench the petitioners informed the Collector and Superintendent of Police (SP) about the Dharm Sansad event in Una, Himachal Pradesh but nothing was done.

"They have been holding Dharm Sansad throughout the country. It was in Una. The Collector and the SP did nothing," added the senior counsel.

The bench 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 alleged hate speech targeting the Muslim community delivered at the Dharm Sansad in Haridwar and Delhi. Later, an application was filed against a similar event in Himachal Pradesh.

Earlier, the top court had expressed dissatisfaction at the affidavit filed by the Delhi Police which stated that there were no instances of hate speech against the Muslim community at the event of Hindu Yuva Vahini held in Delhi on 19 December 2021, and asked it to file a "better affidavit".

Delhi Police conceded before the bench that it needs to have a relook at its affidavit and it will file a fresh affidavit. In its affidavit, the Delhi police had said that "no specific words against any particular community were used".

It had also submitted that the speech delivered by the Sudarshan News TV Editor Suresh Chavhanke at the Hindu Yuva Vahini event in Delhi`s Govindpuri did not amount to hate speech since none of the words used in the speech by Chavhanke could create an environment of paranoia against any religion.

Counsel appearing for the Uttarkhand 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.

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