Supreme Court rejects PIL seeking arrest of Yati Narsinghanand and Jitendra Tyagi, ban on Tyagi's book 'Muhammad'

A public interest litigation (PIL) petition seeking preventive arrest of Yati Narsinghanand and Jitendra Tyagi (formerly Waseem Rizvi) on the ground that they have been making calls of violence against Muslims, was rejected by the Supreme Court on Friday [Indian Muslim Shia Isna Ashari Jamaat vs Union of India and ors]..The PIL filed by Indian Muslim Shia Isna Ashari Jamaat through Qamar Hasnani also prayed that Tyagi and Hindu seer Yati Narsinghanand be restrained from making 'derogatory, demeaning and incendiary' remarks against Islam, Prophet Mohammed and icons of the religion.It also sought a ban on Tyagi's book titled 'Muhammad'.However, a Bench of Chief Justice of India Uday Umesh Lalit and Justice S Ravindra Bhat said that such a plea cannot be entertained under Article 32 of the Constitution."You are asking somebody to be arrested and criminally prosecuted under Article 32 plea? If we proceed, then what happens to Lalita Kumari judgment? Have you filed a complaint," the bench asked.The petitioner said that it will drop the prayer for arrest and asked the Court to consider other prayers."These are not petitions cannot be entertained under Article 32," the Court said while rejecting the plea. "Petitioner at liberty to pursue an appropriate remedy. Plea dismissed," the Court ordered.The plea was filed through advocate Sachin Sanmukhan Pujari and drawn and settled by advocate Farrukh Khan of Diwan Associates. The plea described Tyagi and Narsinghanand as a 'threat to the security and integrity, the social harmony and public peace and to the law-and-order situation' and therefore sought their arrest as a preventive measure. In order to the buttress their case, the petitioner highlighted several instances wherein the two had made statements against Islam and sought to stoke communal passions and controversy.Both have had proceedings for offences in the Indian Penal Code against them, and despite their criminal antecedents continue their anti-Islam behaviour till date, it was pointed out. The plea stressed that the two respondents' hatemongering actions have affected the right of the Muslim community to live with dignity, it was alleged. .Tyagi has been party to a spate of litigation in the recent past.A Srinagar court had recently taken cognisance of a complaint against him for insulting Islam and the Prophet. The Supreme Court in January had issued notice to the Central and Uttarakhand governments on a public interest litigation (PIL) seeking a probe into the Haridwar Dharam Sansad.The top court recently declined his plea to extend his medical bail. The Supreme Court in April last year had dismissed a public interest litigation (PIL) petition filed by Rizvi that sought deletion of certain verses from the Holy Quran alleging that they violate the law of the land and promote extremism. The Court while rejecting the plea had imposed costs of ₹50,000 on Tyagi.The Delhi High Court in December last year had dismissed a suit seeking a ban on Waseem Rizvi’s self-published book titled “Muhammad”. The Allahabad High Court had sought his response in plea seeking that he be refrained from making statements on social media about Islam.Narsinghanand has also attracted controversy over calls for genocide made during the Haridwar Dharam Sansad. A first information report (FIR) was registered against him for hate speech at the Haridwar Dharam Sansad, in which he was granted bail by Haridwar Sessions Court on February 7..[Haridwar Dharam Sansad] Supreme Court declines to extend medical bail of Jitendra Tyagi