The Delhi Police has told the Supreme Court that there was no anti-Muslim hate speech was made by Sudarshan News TV Chief Editor Suresh Chavhanke at the event organized by the Hindu Yuva Vahini at Delhi in December 2021.
"In-depth investigation of the video and other material found that no hate speech was given against any community. Therefore, after investigation and evaluation of the purported video clip, it was concluded that the alleged speech contained no hate speech against a particular community," the Delhi Police informed the Supreme Court.
Based on the investigations, all the complaints filed regarding the event are closed, it further said.
In its affidavit filed before the Supreme Court, the Delhi Police also questioned the petitioners for moving the top court without first approaching the police.
"The allegations made by the petitioners against the police authorities that police authorities are hand in glove with perpetrators of communal hate are baseless and imaginary. The case is based on videotape evidence. There is hardly any scope on the part of investigation agencies to tamper with the evidence or hamper the investigation in any manner," it said.
Referring to Supreme Court orders on Freedom of Expression, the Delhi Police said that the petitioner "is trying to draw an incorrect and absurd inference by isolated passages disregarding the main theme and its message".
"We must practice tolerance to the views of others. Intolerance is as much dangerous to democracy as to the person himself. Petitioner is trying to draw an incorrect and absurd inference by isolated passages disregarding the main theme and its message. Supreme Court has repeatedly said that freedom of expression must be allowed unless community interest is endangered. In this case, the public interest is not endangered," it said.
Several BJP leaders - including a federal minister - have been accused of getting away with hate speech. Some opposition politicians, such as parliamentarian Asaduddin Owaisi and his brother Akbaruddin Owaisi, have also been accused of giving hate speeches. Both deny the accusation and Akbaruddin Owaisi was acquitted in two hate speech cases from 2012 on Wednesday.
India prohibits hate speech by several sections of the Indian Penal Code, the Code of Criminal Procedure, and by other laws which put limitations on the freedom of expression.
Section 95 of the Code of Criminal Procedure gives the government the right to declare certain publications “forfeited” if the “publication ... appears to the State Government to contain any matter the publication of which is punishable under Section 124A or Section 153A or Section 153B or Section 292 or Section 293 or Section 295A of the Indian Penal Code”.
In 2014, the Supreme Court dismissed a PIL by Advocate M L Sharma seeking intervention by the court in directing the Election Commission to curb hate speeches. Dismissing the plea, the Apex court said that it could not curb the fundamental right of the people to express themselves.
"We cannot curtail fundamental rights of people. It is a precious rights guaranteed by Constitution," a bench headed by Justice RM Lodha said, adding "we are a mature democracy and it is for the public to decide. We are 1280 million people and there would be 1280 million views. One is free not to accept the view of others".
Also the court said that it is a matter of perception, and a statement objectionable to a person might not be normal to other person.
