'Why 5 Months For FIR?' : Supreme Court Questions Delhi Police's Delay In Hate Speech Case Over Hindu Yuva Vahini Meet

The Supreme Court on Friday questioned the Delhi Police regarding its progress in the investigation in hate speech case over the Hindu Yuva Vahini event organised under the leadership of Sudarshan News TV editor Suresh Chavhanke in Delhi in December 2021.

Noting that the FIR was filed five months after the incident and no chargesheet has been filed yet, a division bench comprising Chief Justice of India DY Chandrachud and Justice PS Narasimha directed the Investigating Officer to place on record the steps taken in the investigation in the matter within a period of two weeks. The bench was hearing a contempt petition filed by activist Tushar Gandhi alleging that the Delhi Police has violated the directions issued in the Tehseen Poonawalla case.

"What are you doing in terms of the investigation?.The incident takes place on the 19th of December 2021. The FIR is registered 5 months later in May 2022. Why do you require 5 months to register an FIR?", CJI Chandrachud asked Additional Solicitor General KM Nataraj who was representing the Delhi Police.

The ASG replied that the delay was not deliberate and that the police was doing the verification.

"Now, what steps you have taken after May 2022? What have you done? How many arrests you have made? What investigation have you done? How many people have been examined?", CJI asked.

"After 4th of May, it has been 8 months. What progress has been made? If you register an FIR 5 months later, and 8 months after that there is no substantial progress....you tell us...", CJI continued. The ASG agreed to file a statement after taking instructions.

Advocate Shadan Farasat, submitted that it is a "very serious matter" and requested the bench to read the transcripts of the speeches made at the event, where statements against the Muslim community were allegedly made.

"It is a call for action for violence of a certain kind. This is not just one person, one person is leading and everybody is taking an oath behind him", Farasat submitted.

Without expressly naming Chavhanke, Farasat said that "the gentleman who is leading this has a history. Your lordships have taken note of this in judgments. He has FIRs against him. Despite that there is a failure".

The counsel pointed out that as per Tehseen Poonawalla case judgment, there is a requirement to file FIR and chargesheet in a timely manner against calls for mob violence.

"FIR was not registered for 5 months. Even in the counter filed now, they say investigation is underway. They don't indicate if they have called anyone for interrogation under Section 41A. They've not arrested anyone, no chargesheet has been filed", Farasat pointed out while saying that he is not pressing for contempt action against the Delhi Police Commissioner and was only seeking proper investigation.

It may be recalled that the stand taken by the Delhi Police initially was that the speeches made during the Hindu Yuva Vahini event did not amount to any offence. Responding to another petition seeking action against the hate speech crimes, the Delhi Police stated in an affidavit that "no hate speech was given against any community" at the event. However, the Supreme Court expressed dissatisfaction with this stand of the Delhi Police and called for a "better affidavit" to be filed by a senior officer. Following the rap by the Court, the Delhi Police registered the FIR in May 2022.

After the hearing today, the bench dictated the following order :

"Advocate Shadan Farasat, learned counsel  appearing for the petitioner, submitted though the incident happened on December 19, 2021, involving serious acts amounting to hate speech, FIR was registered only on May 4, 2022. Moreover, it has been submitted that although 8 months have elapsed since then, there is no palpable progress in the investigation. No arrest has been made and no chargesheet has been submitted. Learned ASG submits that there is no contempt of directions issued by this court in Tehseen Poonawalla. 

However, we are of the view that, quite apart from the issue of contempt, it would be necessary for the Investigating Officer to place on record the steps which have been taken pursuant to the investigation since the incident took place on 19 December, 2021. The affidavit shall be filed within a period of 2 weeks"

Case : Tushar Gandhi vs Rakesh Asthana | CONMT.PET.(C) No.41/2022 in W.P.(C) No.732/2017

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