Plea In Supreme Court Seeks Action Against "Hindu Rashtra" Event Proposed In Delhi Apprehending Hate Speech

The application has been filed by journalist Qurban Ali and Senior Advocate Anjana Prakash (former judge of Patna High Court)in their PIL seeking criminal action with respect to the Dharm Sansad conclave held at Haridwar and Delhi where hate speeches against Muslims were allegedly made.

According to petitioners, it has come to their knowledge that an event is being organized today at Talkatora stadium in Delhi wherein one Shankaracharya of Puri and 'Mahant' of the Sri Govardhan Math, Nischalananda Saraswati, will, according to this web poster released by the Sudarshan News channel, publicly proclaim and affirm a resolution for India to be turned into a Hindu Rashtra. A video of Suresh Chavankhe asking Hindus to attend the said event is also available on social media.

The petitioners said that the key speaker of the event scheduled to be held today is one Nischalananda Saraswati who has in the past frequently given hate speeches and also called for the end of Muslims and Christians.

According to them, the very manner in which the said event has been announced speaks volumes about the kind of hate speeches that will in all likelihood be delivered.

A direction has been sought to Commissioner of Police, Delhi and other authorities to take adequate action to ensure that the scheduled event is not allowed.

Further directions have been sought to prohibit today's event and similar events that are intended to incite communal disharmony through hate speeches are prohibited.

In case the authorities fail to stop the event from taking place, the application has sought directions to concerned authorities to show cause the reason for their failure and and place the footage, transcripts and translations of the event before the court.

The application filed through Advocate Sumita Hazarika has submitted that the petitioners had filed representation dated 04.05.2022 about today's event before the concerned authorities including Delhi Police Commissioner however no response has been received till now.

The applicants have argued that Supreme Court's intervention is necessary to stem this growing tide of communalism, particularly to put into place mechanisms for timely preventive action to be taken against persons who have openly declared their intention to organize public events and wantonly give provocative speeches.

The applicants have further submitted that despite repeated representations such events are openly held and satisfactory preventive or consequential action is seldom taken. 

The growing rate of hate speeches is sufficient to create a chilling effect on religious minorities of the country, the plea states. 

According to the petitioners, speeches inciting violence, promoting enmity between groups on the grounds of religion, making speeches prejudicial to national integration, inducing members of the public to commit offences against public tranquility, are punishable offences under Sections 153, 153A, 153B and 505 of the Indian Penal Code.

The Supreme Court had on 26th April asked the Uttarakhand Government to take measures to prevent hate speeches in Dharam Sansad which was planned at Roorkee that week.

Earlier, the court had expressed its dissatisfaction at the affidavit filed by Delhi Police which stated that the speeches made by Sudarshan News TV Editor Suresh Chavhanke at the Hindu Yuva Vahini meet held in Delhi in December 2021 didn't amount to hate speech against any particular community.

The Court had earlier also sought a status report from Uttarakhand Govt on the probe in Haridwar speech cases. The counsel appearing for the Uttarkhand Government submitted that the investigation in the cases have been completed and chargesheets have been filed. The Uttarkhand counsel had also riased an objection towards the locus standi of the petitioners.

Case Details: Qurban Ali & Anr vs Union of India & Ors