NEW DELHI: The Supreme Court on Wednesday directed the State of Uttarakhand to file a status report on the probe into the alleged hate speech at Dharam Sansad events held in December 2021.
The court was informed by the state government that it registered four First information reports (FIRs) in connection with the case. The state counsel also informed the court that three charge sheets have been filed in the matter.
Senior advocate Kapil Sibal appearing for journalist Qurban Ali and advocate Anjana Prakash (petitioners) informed the top court that the matter needs to be heard soon as another event is scheduled this Sunday in Himachal Pradesh. They have filed an application to make Himachal Pradesh a party to the case.
The bench headed by Justice AM Khanwilkar also granted liberty to the petitioners to intimate the collector and superintendent of police of the area about the event.
The petition seeks directions to ensure that an independent, credible and impartial investigation is conducted into the incidents of hate speeches against the Muslim community including the speeches delivered in two day event (December 17-19, 2021) at Haridwar and Delhi by an SIT or otherwise as deemed appropriate by the court.
The top court issued a notice in the matter in January.
It is submitted in the plea that the alleged hate speeches consisted of open calls for genocide of Muslims in order to achieve ethnic cleansing.
“It is pertinent to note that the said speeches are not mere hate speeches but amount to an open call for the murder of an entire community. The said speeches thus, pose a grave threat not just to the unity and integrity of our country but also endanger the lives of millions of Muslim citizens," it said.
The plea has submitted that the hate speeches are extreme examples of incitement and advocating of violence and therefore fails the test laid down in the Shreya Singhal case.
“That the contents of the speech feed into an already prevailing discourse which seeks to reimagine the Indian Republic as exclusivist, and that which has no space for other cultures, traditions, and practices. Such a discourse is in itself violative of constitutional guarantees provided to minority cultures and religions in India,” it added.
The plea talks about Article 7 of the Universal Declaration of Human Rights as adopted by the General Assembly provides that everyone is equal and entitled to equal protection against discrimination, and against incitement to such discrimination.
"Further, the International Covenant on Civil and Political Rights, which India ratified in 1992 places positive obligations to limit speech on governments… Article 20 (2) requires governments who adopt the ICCPR to prohibit “hate speech,” the plea reads.
The next date of hearing is on April 22.