Supreme Court Seeks Status Report On Haridwar Hate Speech Cases From Uttarakhand; Allows Petitioners To Approach Authorities Against Dharam Sansad Event In HP

The Supreme Court on Wednesday directed the Uttarakhand Government to file a status report, indicating the progress in the investigation in the hate speech cases registered over the Dharam Sansad events held in Haridwar in December 2021.

The Court also permitted the petitioners to serve on the State of Himachal Pradesh the copies of the new applications filed against the similar Dharam Sansad events proposed to be held in Himachal Pradesh. The Court has given liberty to the petitioners to also file complaints before the concerned District Collector against the event.

The order was passed bench by a comprising Justices AM Khanwilkar and Abhay S Oka while considering a PIL filed by journalist Qurban Ali and Senior Advocate Anjana Prakash (former judge of Patna High Court), seeking criminal action against the alleged anti-Muslim hate speeches made at the Dharam Sansad events. 

At the outset, the counsel appearing for State of Uttarakhand sought time to file counter affidavit in the matter. The State also informed the Court that the Police has registered registered 4 FIRs in the matter and chargesheet has been filed in 3 cases.

Senior Advocate Kapil Sibal, appearing for the petitioners, submitted that fresh Interlocutory Applications have been filed against the proposed Dharam Sansad events in Shimla.

"The real problem is that the event is on Sunday. And see what is happening. I don't even want to read the kind of things that were said in public…I don't even have to read what is here", Sibal submitted seeking notice to the State of HP.

The bench then passed the following order- "List on next Friday(April 22). Liberty to serve advance copy of the application on the standing counsel for the state of Himachal Pradesh. The State of Uttarakhand to file a status report before the next date of hearing"

Mr. Sibal: "In the first order, the Chief Justice said 'intimate the collector of the area so that he can take care of the situation'…."

The bench added the following to the order- Needless to observe that the applicant is free to give intimation to the concerned authorities in the State of Himachal Pradesh in light of order dated January 12, 2022"

A bench led by the CJI had issued notice on the petition on January 12. The matter was mentioned by the petitioner's counsel before CJI yesterday for urgent listing. Accordingly, the case was listed today before bench of J Khanwilkar.

The petitioners have approached the Apex Court seeking its urgent intervention in the matter pertaining to the hate speeches delivered between 17th and 19th December, 2021 in separate two events - one organised in Haridwar by one Yati Narsinghanand and the other in Delhi by 'Hindu Yuva Vahini'.

The Petition drawn by Advocate Rashmi Singh and filed by, Advocate Sumita Hazarika, seeks 'independent, credible and impartial investigation' into the incidents of hate speeches against the Muslim community by a SIT. It has been further prayed for the Apex Court to issue directions to the police authorities to comply with the guidelines laid down by it in Tehseen Poonawalla v. Union of India (2018) and to consequently define the contours of 'duty of care in investigation' to be undertaken by the police authorities.

The Ministry of Home Affairs, Commissioner of Police, Delhi and the Directer General of Police, Uttarakhand were made the respondents.

The Uttarakhand police had arrested controversial priest Yati Narsinghanand, one of the main speakers at the Dharam Sansad event, on January 16, almost a month after the event, following much public pressure.  He was released on bail almost a month later in February. 

Click Here To Read/Download Order