New Delhi: The Supreme Court bench led by the Chief Justice of India, DY Chandrachud and Justice P S Narasimha, on Friday, directed the investigating officer of the cases of hate speeches made at religious assemblies, to file a response regarding steps taken in the investigation. The event was organised by Sudarshan news back in December 2021 at the Hindu Yuva Vahini event in Delhi.
"The incident pertained to December 2021 and the FIR in the case was lodged on May 4, last year, the top court said, adding, Why do you need five months for lodging an FIR. How many arrests have been made," the bench questioned.
The bench was hearing a contempt petition filed by activist Tushar Gandhi who sought independent investigation in the matter alleging inaction by the Delhi Police violated guidelines issued by the top court. The bench then asked Additional Solicitor General K M Nataraj to file an affidavit within two weeks of the Investigating Officer (IO) of the Delhi Police giving details of the progress made so far in the investigation of the case.
"After 4th May, its been 8 months. What progress has been made? there was no palpable progress made in the investigation," pulled up CJI. Adv Shadan Farasat appearing for the petitioner argued that the speeches were a "call of action for the violence of a certain kind".
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"This is not just one person who is leading and everybody is taking an oath after him," argued Farasat. He also pointed out that Suresh Chavhanke, Sudarshan News TV editor has multiple FIRs against him and the court has even taken note of it in its earlier judgements and yet the Delhi police have failed.
On November 11, last year, the bench had discharged the Uttarakhand government and the police chief from a list of parties in the contempt plea. The contempt petition was filed seeking punishment for the police chief of Delhi and Uttarakhand for their alleged inaction in the cases in violation of the apex court judgment in the Tehseen Poonawala case.
The top court had laid down guidelines as to what action needed to be taken in hate crimes, including mob lynching. In his petition, the activist sought contempt action against senior police officials for not taking any steps in the issue, according to the guidelines laid down to curb hate speeches and lynching.
Gandhi had sought contempt action against the police officials for not taking any action after incidents of hate speeches. The plea submitted that immediately after the events took place, the speeches were made available and were in public domain but still the Uttarakhand Police and the Delhi Police did not act against the perpetrators. Hate speeches were made in the 'dharam sansad' held in Haridwar from December 17 to 19, 2021 and in Delhi on December 19, 2021, the petition alleged.
