The Supreme Court on Friday directed the Maharashtra government to videograph the proposed Hindu Jan Aakrosh Sabha event, to be held in Mumbai on February 5, by the Sakal Hindu Samaj and sought a copy of the recording. It passed the order after a petitioner, Shaheen Abdullah, approached it on Thursday through a mentioning by lady advocate Rashmi Singh, alleging that the organisation conducting the event had indulged in hate speech against the Muslims at an earlier event in Dadar, Mumbai, on January 29.
A Bench of Justices K M Joseph and J B Pardiwala also asked the state government to get instructions on the action taken with regard to the earlier event on January 29, where inflammatory speeches were made by Telanganaโs BJP MLA T Raja Singh.
๐ฆ๐ ๐๐ฎ๐๐ ๐ฝ๐ฒ๐ฟ๐บ๐ถ๐๐๐ถ๐ผ๐ป ๐ณ๐ผ๐ฟ ๐บ๐ฒ๐ฒ๐๐ถ๐ป๐ด ๐ป๐ผ๐ ๐ด๐ฟ๐ฎ๐ป๐๐ฒ๐ฑ ๐๐ฒ๐
It also took on record Solicitor General Tushar Mehtaโs statement that any permission to be granted to the said event would be subject to the condition that no hate speech would be made defying any law or disturbing public order. He said permission to hold the meeting in question had not been granted yet.
โWhen a secular state does this then freedom of speech petitions will flood the country. If someone is prevented to voice their view, then there will be prevention of Article 19(1)(a) ...barring law and order situation ...
The court has to be very careful in a pre-censorship order,โ he said.
๐๐ป๐๐๐ฟ๐ฒ ๐ป๐ผ ๐ฟ๐ฎ๐๐ต ๐๐๐ฎ๐๐ฒ๐บ๐ฒ๐ป๐๐ ๐ฎ๐ฟ๐ฒ ๐บ๐ฎ๐ฑ๐ฒ: ๐ฆ๐
Justice Pardiwala reacted: โWe may be reluctant to grant a relief that this procession is not held. But it should be ensured that during this rally no rash statements are made and steps are taken and vigil is kept.โ
When the SG questioned how a Kerala-based petitioner could know of speeches being made in Maharashtra and the top court could not rule that what was to be spoken had to first be vetted.
Justice Joseph retorted: โSee what happened in Uttarakhand and then State took action. If there is a replica of what happened then we cannot allow this. Please read what is written.โ
๐ฅ๐ฒ๐บ๐ฎ๐ฟ๐ธ๐ ๐บ๐ฎ๐ฑ๐ฒ ๐ถ๐ป ๐ฒ๐ฎ๐ฟ๐น๐ถ๐ฒ๐ฟ ๐ด๐ฎ๐๐ต๐ฒ๐ฟ๐ถ๐ป๐ด๐ ๐ฑ๐ถ๐๐๐ฎ๐๐๐ฒ๐ณ๐๐น: ๐ฆ๐
The SG then admitted that the remarks made in earlier iterations of the event were distasteful, but said action would be taken against hate speech.
Senior Advocate Kapil Sibal, appearing for the petitioners, then pointed out that it was only on last Sunday that hate-filled statements were made by an MLA and the same organisers were holding another event.
โThey not only want pre-censorship but also pre-arrest,โ the SG quipped, adding that the petitioner was abusing the jurisdiction of the court and was being selective.
Mehta also cautioned against any interim relief, stating, โYour lordships would be pre-judging if you say this. This forum is being misused. We are also not expressing many things.โ
๐ฃ๐ฒ๐ฟ๐บ๐ถ๐ ๐ฟ๐ฎ๐น๐น๐ ๐ฏ๐๐ ๐ฒ๐ป๐๐๐ฟ๐ฒ ๐ป๐ผ ๐ต๐ฎ๐๐ฒ ๐๐ฝ๐ฒ๐ฒ๐ฐ๐ต๐ฒ๐ ๐ฎ๐ฟ๐ฒ ๐ด๐ถ๐๐ฒ๐ป: ๐ฆ๐
Justice Joseph then reminded the SG of the top courtโs role, and in the context of the petitioner, said, โThis is because we are the only constitutional forum.โ
โIn case permission is granted, and in case power under Section 151 CrPC is invoked, it will be the duty of the police to invoke the power and act under the mandate of the section,โ the bench ordered.
The SG then assured the bench that a statement would be filed as to what had transpired at the event on January 29.
The apex court asked the state government to permit the rally, subject to the condition that no hate speech would be made by anybody at the event.
Advocates Nizam Pasha and Rashmi Singh, appearing for the intervenors, brought to light the rally conducted by Hindu Jan Aakrosh Sabha on January 28, which called for the social and economic boycott of Muslims. The rally was attended by 10,000 people, it was argued.
๐๐ฎ๐ป๐ป๐ผ๐ ๐ต๐ฎ๐๐ฒ ๐ฟ๐ฒ๐ฝ๐น๐ถ๐ฐ๐ฎ ๐ผ๐ณ ๐จ๐๐๐ฎ๐ฟ๐ฎ๐ธ๐ต๐ฎ๐ป๐ฑ ๐๐ต๐ฎ๐ฟ๐ฎ๐บ ๐ฆ๐ฎ๐ป๐๐ฎ๐ฑ: ๐ฆ๐
The Bench said it could not allow a โreplicaโ of the Dharam Sansad in Uttarakhand, where hate speeches were made, targeting the Muslim community.
The plea contended that several events and rallies have taken place across Maharashtra, calling for an economic and social boycott of the Muslim community, levelling allegations of โland jihadโ and โlove jihadโ, to criminalise the entire community.
Such mass rallies, which also had child participants, were being organised with the consent and knowledge of the government, the applicant alleged.
Further, one such rally was organised by the Sakal Hindu Samaj, an umbrella body of Hindu right-wing organisations, under the banner โHindu Jan Aakrosh Sabhaโ.
