Hate Speeches : Army Veterans Move Supreme Court Seeking SIT Probe On Dharam Sansads

Three retired officers of the Armed Forces have moved the Supreme Court of India seeking probe by a new Special Investigation Team into the hate speeches delivered at religious events organized at Haridwar and Delhi between 17th and 19th December 2021.

The writ petition has been filed by Major General SG Vombatkere, Colonel PK Nair and Major Priyadarshi Chowdhury through Advocates Senthil Jagadeesan and Vinayak Bhandari. 

In view of the gravity of the situation and the public importance involved, the petitioners have urged the court take cognisance of the events that took place at Haridwar and Delhi and constitute a new Special Investigating Team that functions under its supervision.

The petitioners have pointed out that between 17th and 19th December 2021, a religious conclave called 'Dharam Sansad' was organized in Haridwar, and later at Delhi where several self-proclaimed seers/sages delivered inflammatory hate speeches ostensibly targeting the minorities in India.

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The petitioners have argued that the seditious and divisive speeches made violate not only the criminal law of the land, but also strike at the core of Article 19 of the Constitution of India. These speeches stain the secular fabric of the nation and also have serious potential to impact public order adversely.

According to the Petitioners, if such incidents are gone unchecked, it can have a serious impact on the morale and integration of the soldiers in the armed forces who come from diverse communities and religions.

From their personal experience, the petitioners have opined that such hate speeches can even affect the battle efficiency of our Armed Forces and in turn compromise national security.

The petitioners have argued that such incitement to violence together with public expressions of hate constitute a serious breach of internal security and could also tear apart the social character of our nation.

Further, according to the petitioners such unchecked cries inciting violence against specific communities can have a serious impact on the morale and integration of the soldiers in the armed forces who come from diverse communities and religions.

The petition has pointed out that Five former chiefs of staff of the Armed Forces and over a hundred other people including veterans, bureaucrats, and prominent citizens have issued an Open Statement addressed to President Ram Nath Kovind and Prime Minister Narendra Modi regarding the "open call of the genocide of Indian Muslims", on 31st December 2021.

"It is a genuine concern that the unity, cohesiveness and morale of our men and women in the armed forces and the police forces will be seriously affected if such blatant calls for violence against one or the other community in our diverse and plural society are not acted against." The plea states

Recently on 12th January, the Supreme Court of India had issued notice to the Union Government, the Delhi Police and the State of Uttarakhand in a PIL seeking criminal action with respect to the Dharm Sansad conclave held at Haridwar and Delhi where hate speeches against Muslims were made.

A bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli had issued notice on the PIL filed by journalist Qurban Ali and Senior Advocate Anjana Prakash (former judge of Patna High Court).

Case Title: Major General SG Vombatkere & Ors. Versus Union of India & Ors.