[BREAKING] Haridwar Dharam Sansad: Supreme Court issues notice in plea for probe into hate speech

The Supreme Court today issued notice to the Central and Uttarakhand governments on a public interest litigation (PIL) seeking a probe into the alleged hate speech targeting the Muslim community delivered at the Haridwar Dharam Sansad last year [Qurban Ali and Another v. Union of India and Others]..The Bench of Chief Justice of India NV Ramana and Justices Surya Kant and Hima Kohli said,"Issue notice to the respondents," the Court said..Appearing for the petitioners, Senior Advocate Kapil Sibal submitted,"These Dharam Sansads are being organised frequently. Another one is in Aligarh on January 24. We want a date before that."The Court then granted liberty to the petitioners to bring to the notice of the concerned authorities about such upcoming events."Mr. Kapil Sibal, learned senior counsel submitted that some more events are being planned, in which there may be a possibility of certain inflammatory speeches. If that is so, the petitioners are at liberty to make a representation to, or bring it to the notice of, the concerned local authorities," the Court said in its order..Representing one of the intervenors, Senior Advocate Indira Jaising said that the Supreme Court's guidelines laid down in Tehseen Poonawalla v. Union of India, which dealt with the issue of mob lynching, were not being followed..During the hearing, the Court was informed that another matter pertaining to hate speech was pending before a Bench headed by Justice DY Chandrachud. However, Sibal prayed that the current matter not be tagged with the existing one. He further argued,"If no quick steps are taken, such dharam sansads will be held in Una, Dasna, Kurukshetra and these events vitiate the entire country's atmosphere. It will erode the ethos of this democracy.".The Court then said,"The question is...counsel are saying other judgments are there and implementation is needed. We are issuing notice and we will list it after 10 days. We will see if it is connected then we will tag.".The plea has been filed by former Patna High Court judge, Justice Anjana Prakash, seeking directions for an independent, impartial and credible probe into the matter by a Special Investigation Team (SIT).Filed through Advocate Sumita Hazarika, the petition stated that the speeches made at the Haridwar Dharam Sansad "pose a grave threat not just to the unity and integrity of our country but also endanger the lives of millions of Muslim citizens."The plea highlighted how a video had gone viral in which a police officer was seen acknowledging his allegiance to the alleged offenders. This not only allows "delivery of hate speeches with impunity but also shows that the Police authorities are in fact hand in glove with the perpetrators of communal hate," the petition stated.."The proclamations made at the events are widely available on the internet and qualify as both extreme hate speech and also as ‘violent speech inciting targeted killings of Muslim citizens’, which would pass the ‘spark in a powder keg’ test in Ragarajan v. P. Jagjeevan Ram and Ors, and in Shreya Singhal v. Union of India," it was contended.The petition further stated that such hate speeches "feed into an already prevailing discourse which seeks to reimagine the Indian Republic as exclusivist," which is in itself "violative of constitutional guarantees."The petition, therefore, raised the following substantial questions of law to be considered by the Supreme Court:"a. WHETHER the Police authorities failed to take appropriate action in view of the seriousness of the speeches that were delivered at the event consisting of open calls for genocide of a significant section of the Indian citizenry?b. WHETHER the ‘hate speeches’ wherein open calls for genocide of a significant section of the Indian citizenry were given have caused harm to a group and whether they are in direct violation of the constitutional guarantees provided under Articles 14, 15 and 21 of the Constitution of India?c. WHETHER there is breach of a duty of care as laid down by this Hon’ble Court in the case of Tehseen Poonawalla v. Union of India [(2018) 9 SCC 501] by the Police?d. WHETHER there is a negligence and a breach of duty of care by the Police in allowing ‘hate speeches’ to be made in full public view, such that it causes harm to a group?".Besides seeking an SIT probe, the plea also sought directions to State authorities to comply with the guidelines laid down in Tehseen Poonawalla v. Union of India.It also prayed that the top court should define the contours of ‘duty of care in investigations’ or the 'tort of negligent investigations resulting in harm.'.[Read order]