From Our Bureau
NEW DELHI: The Supreme Court on Friday directed the Maharashtra government to videograph the proposed Hindu Jan Akrosh Sabha event to be held in Mumbai on February 5 by 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 Telangana’s BJP MLA T Raja Singh.
It also took on record Solicitor General Tushar Mehta’s statement that any permission to be granted to the said event will be subject to the condition that no hate speech is made defying any law or disturbing public order. He said permission to hold the meeting in question has not been granted yet.
“When 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,” he said.
Justice Pardiwala reacted: “We 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.”
When Solicitor General questioned how a Kerala-based petitioner could know of speeches being made in Maharashtra and the top court cannot rule that what is to be spoken has to be first vetted.
Justice Joseph retorted: “See 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.”
The SG then admitted that the remarks made in earlier iterations of the event were distasteful, but said action will be taken against hate speech.
Senior Advocate Kapil Sibal appearing for the petitioners then pointed out that only last Sunday hate-filled statements were made by an MLA, and the same organisers are holding another event.
“They not only want pre-censorship but also pre-arrest,” the SG quipped, adding that the petitioner was absuing the jurisdiction of the Court and was being selective.
Mehta also cautioned against any interim relief, stating, “Your lordships would be pre-judging if you say this. This forum is being misused. We are also not expressing many things.”
Justice Joseph then reminded the SG of the top court’s role, and in the context of the petitioner, said, “This is because we are the only constitutional forum.”
“In 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,” the bench ordered.
SG Mehta then assured the bench that a statement will 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 will 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 in which called for the social and economic boycott of Muslims. The rally was attended by 10,000 people, it was argued.
The Bench said it could not allow a “replica” of the Dharam Sansad in Uttarakhand where hate speeches were made, targeting 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, and levelling allegations of “land jihad” and “love jihad” to criminalise the entire community.
Such mass rallies, which also feature children participating, are 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 ‘Hindu Janakrosh Sabha’.
