New Delhi: The Supreme Court Wednesday told the Centre that law and order are policing matters, which must be taken care of and asked it to ensure that there is no violence and hate speech while hearing an application against the rallies of VHP-Bajrang Dal in Delhi-NCR following the communal violence in Haryana.
The apex court did order a stay on the rallies and stressed that no hate speeches and violence should occur at the rallies following Nuh violence, and also asked the governments of Haryana, Uttar Pradesh, and Delhi, to deploy additional forces wherever required and video graph the rallies. A bench headed by Justice Sanjiv Khanna said, “We are not going this way or that way….law and order are policing issues which must be taken care of”.
“Let them take action as per law so that there is no violence, hate speech, law and order issues….deploy additional police force and the CCTV cameras…..” he said. Justice Khanna said that there cannot be any quarrel that hate speeches vitiate the atmosphere and asked additional solicitor general (ASG) S V Raju, representing the Centre, to ensure there is compliance with the apex court's earlier order passed in connection with incidents of hate speech.
Also read: Plea in SC for stopping VHP, Bajrang Dal rallies after communal violence in Haryana's Nuh
Senior advocate C U Singh, representing a petitioner who moved the application against the rallies, said there are five more protests in the evening in sensitive areas in Delhi. The bench, also comprising Justice S V N Bhatti, said the authorities are aware and they have to take action in terms of the court’s order.
“Mr Raju please ensure that authorities have to ensure there is no violence or hate speeches,” the bench said. Raju said the Centre is bound to comply with apex court order. The plea said: Advocate Singh said the rallies are planned today at Delhi-Haryana border; Noida (from Sector 21A to Rajnigandha Chowk), Uttar Pradesh; Manesar, Haryana besides 23 localities in Delhi including Karol Bagh, Patel Nagar, Lajpat Nagar, Mayur Vihar, Mukherjee Nagar, Narela, Moti Nagar, Tilak Nagar, Nangloi, Ambedkar Nagar, Najafgarh among others.
The plea contended that in rallies organized by Bajrang Dal, which is the youth wing of VHP, on August 1 in Haryana and Delhi, participants shouted slogans calling for violence against Muslims. The plea said, “Direct the Respondent No.2 (Commissioner of Police, Delhi); Respondent No.4 (Director General of Police, Uttar Pradesh); Respondent No.5 (Director General of Police, Haryana) and such other authorities as deemed appropriate by this Hon’ble Court to take adequate action so as to ensure that the rallies scheduled to take place on 02.08.2023 mentioned hereinabove….are not allowed”.
Justice Khanna told ASG Raju, “Please get in touch with the authorities immediately to ensure that nothing untoward happens.......”. Justice Khanna further added, “And wherever you think are sensitive areas, take additional precautions in the form of additional police force. Also, deploy CCTV cameras to ensure everything is recorded”.
The bench made it clear that it has to be ensured that rule of law is maintained and the application cannot be treated as adversarial litigation. Singh, representing on behalf of Shaheen Abdullah, said that a Mahapanchayat is scheduled to take place in Haryana today evening at 4 pm amidst communal tensions. Justice Khanna said, "Let it be, as long as there is no hate speech, no violence...... no destruction of property ''.
Abdullah filed an application in the writ petition filed by him seeking directions to stop hate crimes. The top court said, "We hope and trust that the state governments, including the police authorities, will ensure that there are no hate speeches against any community and there is no violence or damage to properties”.
The bench said authorities including the police will make use of the CCTV cameras where installed or make video recordings in all sensitive areas wherever required and CCTV footage and the videos will be preserved.
