[Delhi Dharam Sansad] Delhi Police change stance; tell Supreme Court FIR registered for promoting enmity, hurting religious sentiments

In a departure from its earlier stance, the Delhi Police has told the Supreme Court that it has registered a first information report (FIR) in the alleged hate speech case relating to Delhi Dharam Sansad..This was informed by way of a fresh affidavit filed before the top court on Friday. As per the same, FIR has been registered for offences under Sections 153A (promoting enmity between religious groups), 295A (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs) and 298 (uttering, words, etc., with deliberate intent to wound the religious feelings of any person). "It is further submitted that investigation will be carried out as per law," the affidavit said. .The Delhi Police in a previous affidavit filed in April, had told the Supreme Court that there were no instances of hate speech at the Delhi Dharam Sansad since "no specific words against any particular community was used."Pertinently, the police had further submitted before the top court that speech by Sudarshan TV's Suresh Chavhanke at Hindu Yuva Vahini event in Delhi's Govindpuri did not amount to hate speech since none of the words used in the speech by Chavhanke explicitly described Indian Muslims as "usurpers of territory" or in any manner imply that "Muslims were predators of the land" or that it could create an environment of paranoia against any religion."The affidavit had said that the police conducted a preliminary enquiry on the complaints against the event and examined the video recordings of the speeches made."There is no use of such words which mean or could be interpreted as open calls for genocide of Muslims in order to achieve ethnic cleansing or an open call for murder of an entire community in the speech," the affidavit had stated.However, the top court had on April 22, questioned the police on whether any senior police official applied his mind before filing its earlier affidavit.A bench of Justices AM Khanwilkar and AS Oka asked if the concerned officer who filed the affidavit had put any thought into it or merely reproduced the enquiry report."We want to know that the senior officer has understood the nuances of other aspects before filing this affidavit. Has he merely reproduced enquiry report or applied his mind? Do you want to take a relook," the Bench asked Delhi Police.The Delhi Police had then agreed to file a fresh affidavit.