Supreme Court Refuses To Quash FIRs Against Jitendra Tyagi Over Dharam Sansad Hate Speech Cases

The Supreme Court on Monday refused to quash FIRs registered against Jitendra Tyagi aka Wasim Rizvi in the Haridwar Dharam Sansad Case.

A Bench of Justices Ajay Rastogi and Bela M. Trivedi was hearing a Writ Petition filed by Tyagi seeking quashing of FIRs filed for alleged hate speech remarks made by him during the Haridwar Dharam Sansad.

Senior Advocate Sidharth Luthra appearing for Tyagi started his argument and submitted, “My Lords, there are three FIRs. FIR No. 1 is related to Dharam Sansad. FIR No. 2 is related to the same day same incident. FIR No. 3 is related to a book incident on 12-11-2021. So, the third FIR is on a different incident. I am not pressing that. But on the first and the second FIR, can we have two FIR’s on the same incident?

Bench - All this has happened in Haridwar. Go back to the Uttarakhand High Court and seek whatever you want. There is no reason for coming to this court.” “These are different FIR’s. There are different dates”, the bench added.

Luthra - “Our concern is this. There are other subsequent complaints that are there. That is why we wanted the Union to be a party to this. Union is the first respondent.”

ASG Aishwarya Bhati replied and said, “We have no role”.

Mr. Luthra then read out the contents of the FIR’s to press the point that both the FIRs arose out of the same incident. “The point is it is the same transaction. You cannot have multiple FIRs arising out of the same incident. In one transaction, incidents take place, all of this can be investigated in the First FIR. The second will have to be a supplementary to the first.”, he added.

Counsel appearing for the state of Uttarakhand submitted, “Chargesheet has been filed. He can move trial court for consolidation. As far as investigation is concerned, it is all over. Charges have also been framed in all the three FIRs”

Mr. Luthra then submitted, “The law says that the second FIR will be hit by 162. I can’t be faced with 2 prosecutions together”.

The Bench then inquired, “When was the chargesheet filed and when did trial begun?”

It was informed to the court that the charges were framed on 26-05-2022.

Bench then inquired, “What were you doing when the charges were being framed?

Mr. Luthra replied and said, “I was in custody”.

The bench was not inclined to hear that argument. Justice Bela M Trivedi remarked, “That is no ground. You must have been taken to the court at the time of framing of charge.”

Case Title: Jitendra Narayan Tyagi alias Waseem Rizvi v. UoI And Ors. WP(Crl) No. 349/2022

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